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HQ 734204


November 21, 1991

MAR-2-05 CO:R:V:C 734204 AT

CATEGORY: MARKING

Ms. Laura M. Denny
Edison Brothers Stores, Inc.
501 N. Broadway
P.O. Box 66995
St. Louis, Missouri 63166-6995

RE: Country of origin marking of wooden hangers; 19 CFR 134.11; 19 CFR 134.14; conspicuous; HQ 728106

Dear Ms. Denny:

This is in response to your letter of May 28, 1991, requesting a country of origin ruling regarding imported wooden hangers. A photostatic copy diagram indicating the manner in which these hangers will be marked with the country of origin and a sample wooden hanger were also submitted with your letter.

FACTS:

Your company intends to import wooden hangers into the U.S. to be used to display wearing apparel at retail stores. You claim that the wooden hangers will not be removed from the garment at the time of sale to the ultimate purchaser. You also claim that the wooden hangers will be permanently marked (die- sinking) with the country of origin. It appears from the submitted photostat diagram that the proposed country of origin marking will be placed on the front of the hanger near the right- hand corner which is approximately 1/2 inch in width. You also state that a company logo will also be printed on the front of the hanger underneath the chrome metal hook.

ISSUE:

Does the proposed marking of the wooden hangers in the manner described above satisfy the country of origin marking requirements of section 304 of the Tariff Act of 1930, as amended and 19 CFR Part 134?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin 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 in the U.S. the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose 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. Friedlander & Co., 27 C.C.P.A. 297 at 302; C.A.D. 104 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(d) Customs Regulations (19 CFR 134.1(d) defines ultimate purchaser as "generally the last person in the U.S. who will receive the article in the form in which it was imported."

In this case you claim that the hanger will not be removed from the garment at the time of sale to the ultimate purchaser. Customs has previously ruled that in such circumstances the ultimate purchaser of the hanger is the purchaser of the garment and that the hanger must be individually marked. See HQ 728106 (May 22, 1991). Although the proposed marking appears to be conspicuous, legible and permanent in that it will be die-sunk on the front of the hanger and printed with the country of origin near the front right-hand corner which is 1/2" wide, the marking does not satisfy the requirements of section 134.14, Customs Regulations, which we find applicable to this case. In HQ 728106, Customs further ruled that hangers manufactured in Canada and imported into the U.S. that were combined with suits prior to delivery to the ultimate purchaser were required to be marked "Hanger Made in Canada" in accordance with section 134.14. That section provides:

When an imported article is of a kind which is usually combined with another article after importation but before delivery to an ultimate purchaser and the name indicating the country of origin of the article appears in a place on the article so that the name will be
visible after such combining, the marking shall include, in addition to the name of the country of origin, words or symbols which shall clearly show that the origin indicated is that of the imported article only and not that of any other article with which the imported article may be combined after importation.

Similarly, in this case, since the hanger will be combined with a garment prior to delivery to the ultimate purchaser the proposed marking must not only be conspicuous, legible and permanent, as appears to be the case here, the marking must also satisfy the marking requirements of section 134.14. In view of this determination, the imported hangers must be marked to indicate that only the hanger is made in the country of origin of the hanger and not the garment. A marking such as "Hanger Made in (Country of Origin)" would be an acceptable country of origin marking for the imported hangers.

HOLDING:

The proposed country of origin marking of imported wooden hangers, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.14.

Sincerely,

John Durant, Director

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