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HQ 734353
February 18, 1992

MAR-2-05 CO:R:C:V 734353 NL

CATEGORY: MARKING

Mr. Jack Alsup, President
Alsup & Alsup, Inc.
P.O. Box 1251
Del Rio, TX 78841

RE: Country of Origin Marking - Cotton Gardening Apron; Location of Marking; Conspicuous; Textile Fiber Products Act.

Dear Mr. Alsup:

This is in response to your letter of September 25, 1991, in which you request a ruling concerning the country of origin marking requirements for certain cotton gardening aprons.

FACTS:

Your client, Fabrionics, Inc., proposes to import cotton gardening aprons from Mexico. A sample has been submitted. As imported the apron would be packaged by wrapping it around a cardboard backer which is intended to be hung from a display rack. A sticker would be affixed to the rear of the cardboard backer upon which appear the words, "Made in Mexico". A second label would be added, if required, which would supply the generic fabric content, RN Number, and the country of origin. This label would be sewn onto the inside of a large pocket on the front of the apron. You ask whether this second label is required, and if so, whether the proposed location is acceptable.

ISSUE:

Does the proposed marking satisfy the requirements of 19 U.S.C. 1304 and Part 134, Customs Regulations?

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 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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided at 19 CFR 134.41(b), the marking of an imported article must be sufficiently permanent to survive normal distribution and store handling, and the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Upon examination of the sample it is the opinion of this office that while the sticker is sufficiently affixed to satisfy the requirement of permanence, and the size of the printing is adequate, the location of the sticker on the back side of the cardboard backer is not conspicuous. In view of the extensive product description given on the front side of this backer, we think it unlikely that a purchaser would expect to find a country of origin mark on the back side, and would not be likely to look for one, assuming the product not to be of foreign origin. Accordingly, the sticker indicating the apron's country of origin must appear on the front side of the cardboard backer.

For purposes of section 304 of the Tariff Act marking the front side of the cardboard backer would be acceptable. However, under the Textile Fiber Products Identification Act (15 U.S.C. 70) and its regulations (16 CFR 303) other, additional marking and labeling requirements may apply. We would advise you to consult the Federal Trade Commission, Washington, D.C. 20580 for definitive guidance on this point. It is noted that in general, these requirements would appear to apply to cotton aprons, and that textile articles are ordinarily subject to marking and labeling separately from any marking which may appear on the article's packaging or trade dress. Thus, in response to your questions regarding the second label, there is a strong likelihood that the Textile Act would require the second label. As to the location of such a label, the Textile Act regulations specify that the label should be attached so that it may be readily seen by the purchaser when the product is offered and displayed for sale (See Rule 15(b)). The location which you propose - the inside of the pocket - would not be a conspicuous location for Customs purposes, and we suggest that you obtain advice from the Federal Trade Commission before using it to satisfy Textile Act requirements.

HOLDING:

The marking of the country of origin on the rear of the cardboard backer is not acceptable for purposes of 19 U.S.C. 1304 and Part 134, Customs Regulations. The importer is advised to verify whether this marking alone would satisfy the requirements of the Textile Fiber Products Identification Act and its Regulations.

Sincerely,

John Durant
Director, Commercial

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