HQ 0735112 - Country of origin marking for Sweatshirts; Conspicuous Place; Hang Tags. - 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 > 1994 HQ Rulings > HQ 0733738 - HQ 0735139 > HQ 0735112

HQ 735112

November 3, 1993

MAR-2-05 CO:R:C:V 735112 RC

CATEGORY: MARKING

Mr. Allan H. Kamnitz
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, NY 10004

RE: Country of origin marking for Sweatshirts; Conspicuous Place; Hang Tags.

Dear Mr. Kamnitz:

This is in response to your letter dated April 12, 1993, requesting a ruling on the country of origin marking requirements for hang tags on sweatshirts assembled in the Dominican Republic of U.S. components.

FACTS:

Your client imports into the U.S. sweatshirts assembled in the Dominican Republic of U.S. components. You advised us by telephone, on October 21, 1993, that the sweatshirts will be eligible for marking in accordance with section 10.22, Customs Regulations, (19 CFR 10.22). You submitted a sample sweatshirt for our review. A tag sewn-in at the neck area midway between the shoulders indicates "ASSEMBLED IN DOMINICAN REPUBLIC OF U.S.A. COMPONENTS" in contrasting colors and in lettering of approximately 9 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.) The marking appears just above the garment size. A hang tag is attached to this sewn-in tag. On one side of the hang tag, the design name "SASSON SPORT" appears. On the opposite side of the hang tag, the following words appear:

MONSANTO FULL 18 MONTH
WARRANTY

MONSANTO WARRANTS THAT THIS GARMENT WILL BE REPLACED OR YOUR MONEY REFUNDED IF IT FAILS TO GIVE NORMAL WEAR FOR A FULL 18 MONTHS. RETURN IT POSTAGE PREPAID WITH THIS TAG AND SALES SLIP TO MONSANTO CO., P.O. BOX 2233, DECATUR, AL 35609-2233. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
The warranty, which includes the U.S. address, appears in lettering of approximately 5 points. Off to the side of the warranty on the sample hang tag, the following words appear: "WITH FIBER BY, MONSANTO, MADE IN USA". The words "MADE IN USA" appear in lettering of less than 5 points. On October 21, 1993, we discussed with you by telephone, the potentially confusing nature of the "MADE IN USA" reference. You assured us that hang tags printed with the phrase "WITH FIBER BY, MONSANTO, MADE IN USA" will no longer be used. As such, any issues related to this U.S. reference are moot.

ISSUE:

Whether the sample sweatshirt's country of origin marking and hang tag satisfy 19 U.S.C. 1304 and 19 CFR Part 134.

LAW AND ANALYSIS:

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin or its container 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. 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 "U.S.", "U.S.A.", "America" or the name of any country or locality other than the country of origin appear 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. Customs rulings interpret the "close proximity" requirement to mean the "same side or surface" where the name of the locality other than the country of origin appears. See HQ 708994 (April 24, 1978).

It is our opinion that the sewn-in tag on the sweatshirt properly indicates the country of origin because it is at the nape of the neck midway between the shoulders and appears legibly, indelibly, and permanent.

With regard to the hang tag, Customs has determined that when a manufacturer or importer makes a statement warranting the quality of a foreign manufactured product and includes a U.S. address as part of the warranty text, the domestic address does not trigger the requirements of 19 CFR 134.46. See HQ 733840 (February 1, 1991); HQ 732329 (July 12, 1989); HQ 732816 (November 24, 1989). The domestic address, when appearing as part of a warranty claim, does not confuse or mislead the ultimate purchaser. Likewise, we believe the domestic address on the hang tag here, without the words "MADE IN USA", will not confuse or mislead the ultimate purchaser. As such, the reference does not trigger the requirements of 19 CFR 134.46.

HOLDING:

The markings on the sample sweatshirt and attached hang tag, after removal of the words "MADE IN USA", will satisfy the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling