HQ 0733534 - Country of origin marking of imported sweaters - United States International Trade Commision Rulings

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HQ 733534
June 7, 1990

MAR-2-05 CO:R:C:V 733534 KG

CATEGORY: MARKING

Harold I. Loring, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street
New York, NY 10017

RE: Country of origin marking of imported sweaters

Dear Mr. Loring:

This is in response to your letter of May 18, 1990, requesting a country of origin ruling regarding imported sweaters.

FACTS:

Customs ruled in HQ 733323 (May 2, 1990), that sweaters made in China marked "China," "Made in China," "Product of China," or "Knit in China" would satisfy the requirements of 19 U.S.C. 1304 and 19 CFR Part 134. You have asked if the term "Handknit in China" is acceptable.

ISSUE:

Whether the term "Handknit in China" is an acceptable country of origin marking?

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. Custom's recent ruling, HQ 733323 (May 2, 1990), states that any acceptable marking for sweaters knit in China must clearly indicate that China is the country of origin. The phrase "Knit in China" was found to clearly indicate that China is the country of origin and therefore, this phrase was ruled to be acceptable for country of origin marking purposes. Further, Customs ruled in HQ 712210 (March 20, 1990), that the term "Handcrafted in Mexico" was acceptable and did not violate section 11.13(a), Customs Regulations (19 CFR 11.13(a)), because the imported product was in fact handcrafted in Mexico. Similarly, the phrase "Handknit in China" clearly indicates that China is the country of origin and would not cause any confusion as to the origin of any imported product so marked. Based on these prior rulings, "Handknit in China" is acceptable in accordance with 19 U.S.C. 1304 and 19 CFR Part 134 to indicate the country of origin of imported sweaters which are in fact hand-knit in China.

HOLDING:

The phrase "Handknit in China" is acceptable in accordance with 19 U.S.C. 1304 and 19 CFR Part 134 to indicate the country of origin of imported sweaters which are in fact hand-knit in China.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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