HQ 0734144 - Country of origin marking on label attached to imported footwear, wearing apparel and accessories; 19 CFR 134.46, conspicuous, close proximity, "Designed in Country of Origin" - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1993 HQ Rulings > HQ 0733760 - HQ 0734297 > HQ 0734144

HQ 734144

July 5, 1991

MAR-2-05 CO:R:V:C 734144 AT

CATEGORY: MARKING

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

RE: Country of origin marking on label attached to imported footwear, wearing apparel and accessories; 19 CFR 134.46, conspicuous, close proximity, "Designed in Country of Origin"

Dear Mr. Pellegrini:

This is in response to your letter of April 18, 1991, on behalf of your client Reebok International, Ltd., requesting a binding and prospective ruling regarding the country of origin marking on labels attached to imported footwear, wearing apparel and accessories.

FACTS:

Your client, Reebok International, an importer and distributor of imported footwear, wearing apparel and accessories proposes to mark the country of origin of its imported merchandise with the following label:

Designed in U.S.A.
Made in (Country of Origin)

You claim that the imported merchandise is conceived and designed by Reebok International's product development staff located in Stoughton, Massachusetts. You state that the above statements would appear on the same label and adjacent one to the other. You also state that the letter size and color would be the same and that the statement "Designed in U.S.A." would not appear without the country of origin statement. You assert that for footwear, the labels will appear at one of the locations specified in HQ 732468 (September 18, 1989) and for wearing apparel the marking would be placed in the neck or waistband as appropriate. A sample of the proposed label was not submitted. ISSUE:

Does the proposed country of origin marking on the label satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.46?

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 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "U.S.," or "American," 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 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 HQ 726695 (October 19, 1984), Customs ruled that the words "Designed in West Germany" could appear on packages of imported ornaments so long as the requirements of 19 CFR 134.46 and the requirements of 19 U.S.C. 1304 were satisfied. In HQ 732874 (January 13, 1990), Customs ruled that in order to satisfy the requirements of 19 CFR 134.46 imported pianos manufactured in Korea but designed in West Germany and marked "West Germany" must be marked with the name of the country of origin (Korea) preceded by "Made in" or "Product of" in lettering of approximately the same size as the lettering of "West Germany", either within the boundaries of the plaque or immediately adjacent to it in close proximity.
Upon a review of the proposed country of origin marking on the label, we find that because the words "Designed in U.S.A.", appear on the label connoting a different country other than the country of origin of the article the marking must satisfy the requirements of 19 CFR 134.46. Therefore, the country of origin of the article must be marked legibly, permanently, in close proximity to and in at least a comparable size to the words "Designed in U.S.A."

In this case the proposed label would indicate the country of origin preceded by the words "Made in" and will be in close proximity to and in at least the same size as the words "Designed in U.S.A.". Assuming that the marking is also legible, conspicuous and permanent, a determination which we can not make due to the fact that a sample label has not been submitted for examination, the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.46 would be satisfied.

HOLDING:

The proposed label marked "Designed in U.S.A." with the words "Made in (Country of Origin)" in close proximity and in the same size and color as the words "Designed in U.S.A." satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.46 if the words "Made in (Country of Origin)" are legible, conspicuous and permanent.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling