HQ 0734770 - Country of Origin Marking of Handbags; Conspicuous; Section 134.46. - United States International Trade Commision Rulings

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HQ 734770

December 16, 1992

MAR-2-05 CO:R:C:V 734770 RC

CATEGORY: MARKING

Mr. David F. Greenleaf
District Director
Dallas, Fort Worth

RE: Country of Origin Marking of Handbags; Conspicuous; Section 134.46.

Dear Mr. Greenleaf:

This is in response to your letter dated August 5, 1992 requesting internal advice regarding the proper country of origin marking of handbags which are manufactured in Korea or South Korea and imported to the U.S. Five samples of handbags were submitted for examination.

FACTS:

The submitted handbags vary in size, shape, and styling. A hangtag is attached to each which reads on one side "by VANESSA for Fashion Imports TM" and on the opposite side "STYLE , COLOR ". No other markings appear on the outside of the purses. All of the purses are stuffed with tissue paper. Some of the purses contain an extra carrying strap inside them. On the inside front panel of the handbag is a sewn in label stating:

VANESSA
PARIS-NEW YORK-LONDON

On the inside side seam of the handbag is a flag-type label sewn on one end to the handbag printed with "MADE IN KOREA" or "MADE IN S. KOREA" on one side of the label.

You express concern that the prominence of the Vanessa label with its mention of cities in countries other than the country of origin of the purses will cause confusion. Also you believe the country of origin label is attached to the interior of the purse side too deeply and hidden by the presence of packaging tissue.

Counsel for the importer states that the sewn in label on the inside front panel of each of the items is the trademark for the manufacturer, Vanessa, and furthermore that the country of origin marking is in close enough proximity to the label naming the other locales to alleviate any confusion. As of the time of
this ruling, counsel has not submitted proof of registration with the U.S. Patent and Trademark Office. Thus, it is not clear whether or not the trademark listing includes the words "Paris- New York-London".

ISSUE:

Whether the proposed marking on the handbags described above satisfies the requirements of 19 U.S.C. Section 1304, 19 CFR Section 134.46, and 19 CFR Section 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 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. Section 134.41(b), Customs Regulations (19 CFR Section 134.41(b)), provides that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

In addition, 19 CFR Section 134.46, requires that when the name of any city or locality in the U.S., or the name of any foreign country or locality other than the name of the country or locality in which the article was manufactured or produced, appear on a imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in lettering of at least a comparable size, the name of the country of origin preceded by "Made in", "Product of", or other words of similar meaning. The size of lettering is not at issue in this instance.

Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side or sides, surface or surfaces, in which the name of the locality other than the country of origin appears. HQ 708994 (April 24, 1978). The purpose of 19 CFR Section 134.46 is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the origin of the imported article.

In the absence of information indicating that the mark including the words "PARIS-NEW YORK-LONDON" is registered as a trademark, it would be inappropriate to apply the less stringent requirements of 19 CFR Section 134.47. Instead, the more stringent requirements of 19 CFR Section 134.46 apply. See HQ 734293 (October 24, 1991).

Here, the handbags have a label sewn in the interior side seam which states "MADE IN KOREA" or "MADE IN S. KOREA". Customs held in HQ 732691 (May 8, 1990), that a fabric label sewn into the side seam of the inside of a tote bag and handbag is an acceptable location for a country of origin marking to be located as long as the label can be easily found by the ultimate purchaser. See also HQ 732810 (January 26, 1990) (allowing a sewn in label marked on two sides with the country of origin as long as the label was not sewn into the side seam too deeply inside the bag). Likewise, we find that the country of origin label sewn into the side seam of each submitted sample is easily found upon casual inspection. It is our conclusion that this marking is in a conspicuous place and as well, that it is in close proximity to the words, "PARIS-NEW YORK-LONDON" as possible under 19 CFR 134.46.

HOLDING:

The country of origin marking appearing on each of the submitted sample handbags is sufficient to meet the requirements of 19 U.S.C. Section 1304 and Part 134, Customs Regulations.

Sincerely,

John Durant, Director

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