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HQ 734322


April 13, 1992

MAR-2-05 CO:R:V:C 734322 AT

CATEGORY: MARKING

John B. Pellegrini, Esq.
Ross and Hardies
529 Fifth Avenue
New York, New York 10017-4608

RE: Country of origin marking of waist bags; 19 CFR 134.47; 19 CFR 134.46; conspicuous; souvenir marking; close proximity

Dear Mr. Pellegrini:

This is in response to your letters of September 3, 1991 and February 27, 1992, on behalf of Humberto Vidal, Inc., requesting a country of origin ruling regarding imported waist bags from China. A sample waist bag and a photocopy illustration of the waist bag was submitted with your letter. Although a sample was submitted for review, it has since been misplaced, and the following information is based solely on the submitted illustration of the bag.

FACTS:

You state that Humberto Vidal, Inc., intends to import waist bags from China to be sold exclusively in Puerto Rico as souvenirs. According to the illustration, a sewn-in label is affixed to the exterior of the bag at the point where the shoulder strap is attached to the body of the bag. Although only the words "in China" can be read from the illustration, you state that printed on the label are the words "Made in China" in black lettering approximately 16 point (a point is a unit of type measurement equal to 0.01384 inch or nearly 1/72 in., and all type sizes are multiples of this unit). The words "Puerto Rico" also appear on the front of the bag in lettering approximately 9 point. It appears from reviewing the illustration that no other marking or words are on the waist bag. You also state that Humberto Vidal, Inc. is a retailer located in Puerto Rico and that all of the company's sales are to customers in Puerto Rico.

ISSUE:

Do the words "Puerto Rico" which are printed on the front of each waist bag trigger the requirements of 19 CFR 134.46 or 19 CFR 134.47?

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 the ultimate purchaser is the person who purchases the waist bag in Puerto Rico and each waist bag must be conspicuously marked to indicate the country of origin to the ultimate purchaser.

In determining whether the marking is acceptable, Customs will take into account the presence of words or symbols on an article which may mislead the ultimate purchaser as to the country of origin. Consequently, if the words "United States," or "America," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country of origin appear on an imported article, special marking requirements are triggered.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in such case, the name of the country of origin must appear legibly, permanently, and in close proximity to such words, letters, or name, and in at least a comparable size. The name of the country of origin must appear preceded by "Made in," Product of," or other words of similar meaning.

Section 134.47, Customs Regulations (19 CFR 134.47), provides that when as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the U.S. appears, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by words "Made in," "Product of," or other similar words, in close proximity or in some other conspicuous location (emphasis added). In such circumstances, no comparable size requirement exists.

The question presented in this case is whether the words "Puerto Rico" appear as part of a souvenir marking.

In HQ 732916, January 26, 1990, Customs ruled that headware stitched in yarn with the names of various U.S. locations such as "Texas," "Yellowstone National Park," "Disneyland," "Carlsbad Caverns" and the like which were to be sold to tourists, vacationers and others at those locations were souvenir markings which triggered the exceptions set forth in section 134.47. In this case, you state that Humberto Vidal, Inc., is a retailer located in Puerto Rico and that all of the company's sales are to consumers in Puerto Rico. Therefore, it is our opinion, that the marking "Puerto Rico" imprinted on the subject waist bags is a souvenir marking and the exception set forth in section 134.47 is applicable.

Accordingly, each waist bag must be marked legibly, conspicuously, and permanently with the words "Made in China," "Product of China," or words of similar meaning and must be in close proximity or in some other conspicuous location to the words "Puerto Rico" in order to comply with the requirements set forth in section 134.47. You state that a sewn-in label will be permanently affixed to each waist bag at the point where the shoulder strap is attached to the body of the bag and marked with the words "Made in China" in lettering approximately 9 point. Assuming that each waist bag will be individually marked with words "Made in China", in the manner described above, we find that the country of origin marking would be legible, conspicuous, and permanent and the requirements of 19 U.S.C. 1304 and 19 CFR 134.47 would be satisfied.

HOLDING:

The words "Puerto Rico" on the waist bags in question is a souvenir marking within the meaning of 19 CFR 134.47. Therefore, each waist bag must be legibly and permanently marked with the country of origin "China" preceded by the words "Made in,"

"Product of," or other words of similar meaning in close proximity to the souvenir marking or in some other conspicuous place. Assuming that each waist bag will be individually marked with the words "Made in China" in the manner described above, the requirements of 19 U.S.C. 1304 and 19 CFR 134.47 are satisfied.

Sincerely,

John Durant, Director

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