HQ 0734897 - Country of Origin Marking of Handbags; Conspicuous Location. - United States International Trade Commision Rulings

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HQ 734897

April 5, 1993

MAR-2-05 CO:R:C:V 734897 RC

CATEGORY: MARKING

Mr. Marc S. Greenberg
American Shipping Company, Inc.
600 Sylvan Avenue
P.O. Box 1486
Englewood Cliffs, NJ 07632

RE: Country of Origin Marking of Handbags; Conspicuous Location.

Dear Mr. Greenberg:

This is in response to your letter of November 20, 1992, on behalf of Monique Accessories Co., requesting a ruling on the country of origin marking requirements for handbags manufactured in China and imported into the U.S.

FACTS:

The submitted sample is styled as a knapsack. A sewn-in label on an exterior pocket flap indicates "MONTIVA, MILANO-NEW YORK". The words "MILANO-NEW YORK" appear in approximately six points. A point is a unit of type measurement equal to 0.01384 inch or nearly 1/72 inch, and all type sizes are multiples of this unit. A hangtag is attached to a drawstring which reads on both sides "HANDBAGS, MADE IN CHINA, MONTIVA". The words "MADE IN CHINA" appear in approximately 9 points. No other markings appear on the outside of the purse. The following sewn-in label appears in the middle of an interior panel of the handbag:

HANDBAGS
MONTIVA
MADE IN CHINA

These words "MADE IN CHINA" appear in approximately six points.

ISSUE:

Whether the proposed marking on the handbags described above satisfies the requirements of 19 U.S.C. Section 1304, 19 CFR 134.46, and 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 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 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.

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), provides in relevant part that when letters or words indicating the name of a country or locality other than the country of origin appears on an article, the name of the country of origin must appear "in at least comparable size" and "in close proximity" to such letters or words. Section 134.47, Customs Regulations (19 CFR 134.47), creates a limited exception to this requirement by providing that for souvenirs and articles marked with trademarks and trade names, the marking of the country of origin may appear either "in close proximity or in some other conspicuous location" and must be preceded by the "Made in", "Product of", or similar words.

In the absence of information indicating that the mark including the words "MILANO-NEW YORK" 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).

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. Customs has ruled that in order to satisfy the "close proximity" requirement of 19 CFR Section 134.46, 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. See HQ 708994 (April 24, 1978).

In C.S.D. 89-91 (March 31, 1989), Customs determined that handbags should be marked by means of a fabric label sewn to the lining in a conspicuous place. In that case, Customs found the sewn-in country of origin label, at the inside seam of a suitcase, to be conspicuous given that an ultimate purchaser will unzip luggage to inspect the interior before the purchase.

In HQ 734562 (August 12, 1992), an imported soccer bag was decorated with the letters "USA" printed in various locations on its exterior. There, Customs found the country of origin marking "Charlestown, MA/Made in Taiwan, R.O.C." sewn-in at the interior inseam of the bag satisfied 19 CFR Section 134.46 because the ultimate purchaser of a soccer bag will probably inspect the bag's interior before purchasing it.

Here, the sewn-in label on the interior panel indicates the handbag is "MADE IN CHINA". Additionally, the hangtag indicates, on both sides, the handbag is "MADE IN CHINA". It is attached to the front of the handbag, on the same side as the sewn-in label "MONTIVA, MILANO-NEW YORK". The country of origin indicated on the hangtag is in view at the same time as the sewn-in label on the exterior panel. The combined use of the sewn-in label inside the handbag and the hangtag marked on both sides is sufficient to satisfy the "close proximity" requirement of 19 CFR Section 134.46.

HOLDING:

The country of origin marking on the submitted sample handbag 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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