HQ 0734180 - Country of origin marking of hang tags promoting a domestic quality assurance program concerning wearing apparel. 19 CFR 134.36(b); locality other than that of the country of origin; 19 CFR 134.46; C.S.D. 91-1; 732329; 732816 - United States International Trade Commision Rulings

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HQ 734180

September 10, 1991

MAR-2-05 CO:R:C:V 734180 GRV

CATEGORY: MARKING

David M. Murphy, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street
New York, N.Y. 10017

RE: Country of origin marking of hang tags promoting a domestic quality assurance program concerning wearing apparel. 19 CFR 134.36(b); locality other than that of the country of origin; 19 CFR 134.46; C.S.D. 91-1; 732329; 732816

Dear Mr. Murphy:

This is in response to your letter of May 1, 1991, on behalf of Orit Imports, Inc., requesting a ruling regarding the country of origin marking of hang tags, which promotes a quality assurance program concerning imported wearing apparel. A shirt sample marked with its country of origin with a hang tag also attached was submitted for examination. Per your request, this sample is being returned under separate cover.

FACTS:

Wearing apparel and accessories under the Gitano trade name will be imported by Orit Imports, Inc. All textile articles are marked with their respective country of origins denominated on fabric labels that are sewn in the center of the neck. As part of Orit's quality assurance program, it has instructed its overseas suppliers to affix a Gitano "quality assurance" hang tag to all merchandise exported to the U.S.

The hang tag on the sample submitted measures 4" wide by 5" high and is attached to a fabric label designating the Gitano trade name that is sewn onto the garment at its neck line, which is next to the country of origin marking label. The front side of the tag contains the Gitano name and the garments size. The back side of the tag contains product warranty/return information and the U.S. address of Gitano's quality assurance department.

ISSUE:

Does the presence on the back of a hang tag of a U.S. address, associated with a domestic quality assurance/warranty program, trigger the country of origin marking requirements of 19 CFR 134.46?
LAW AND ANALYSIS:

The marking statute, 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit in such a manner as to indicate to the ultimate purchaser the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

The primary purpose of the country of origin marking statute is to "mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 CCPA 297, 302, C.A.D. 104 (1940). In furtherance of this purpose, 134.46, Customs Regulations (19 CFR 134.46), provides that, in order to prevent confusion to the ultimate purchaser, in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning.

In Headquarters Ruling Letter (HRL) 732329 dated July 12, 1989, we considered whether warranty tags attached to imported wearing apparel, which contained a U.S. address in two locations, triggered the requirements of 19 CFR 134.46. Finding that the U.S. addresses were not intended to deceive or mislead the ultimate purchaser and that there was no possibility that the ultimate purchaser would be confused by the presence of the addresses, we held that 134.46 did not require that the country of origin information appear beneath the U.S. addresses, so long as the U.S. address appeared for the purpose of giving the warranty holder a place to direct questions and problems related to the warranty. See also C.S.D. 91-1. In HRL 732816 dated November 24, 1989, we considered whether the presence of a U.S. address, requesting consumer comments and providing patent registration information, on display tickets for leather gloves triggered the requirements of 19 CFR 134.46. Noting that this information was located on the back of the display ticket, we found that this circumstance did not raise the possibility of confusion or deception, since it was not in a location directly apparent to the ultimate purchaser at the point of sale, and held that 134.46 did not apply.

Given these prior rulings, and after viewing the sample submitted, we conclude that the U.S. address on the back of the hang tag--for product warranty purposes--does not present the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported textile products, which is conspicuously denoted on a fabric label sewn into the merchandise in its usual location. Accordingly, the marking requirements of 134.46 are not triggered.

HOLDING:

Assuming the wearing apparel is otherwise properly marked with its country of origin by means of a fabric label sewn into the usual place location, the presence on the back of a hang tag of a U.S. address, associated with a domestic quality assurance/ warranty program, does not trigger the marking requirements of 19 CFR 134.46, as no possibility of misleading or deceiving the ultimate purchaser of the actual origin of the imported textile products is apparent.

Sincerely,

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