HQ 0735355 - Country of Origin Marking - Sweatshirts; 19 CFR 134.46. - United States International Trade Commision Rulings

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HQ 735355

November 4, 1993

MAR-2-05 CO:R:C:V 735355 RC

CATEGORY: MARKING

Ms. Joanie Hurst
Fila U.S.A., Inc.
Apparel Division
145 Park Lane
Brisbane, CA 94005-1311

RE: Country of Origin Marking - Sweatshirts; 19 CFR 134.46.

Dear Ms. Hurst:

This is in response to your letter of September 9, 1993, requesting a ruling regarding the country of origin marking requirements for sweatshirts made in Malaysia for sale in the U.S. A sample was submitted for examination.

FACTS:

The sample sweatshirt has a large embroidered letter "F" on the front center, letterman-style. The embroidered word "FILA" appears below it. The embroidered words "Biella, Italy" appear, emblazoned across the "F", in lettering of approximately 108 points. (A point is a unit of type measurement equal to 0.01384 inch or nearly 1/72 in., and all type sizes are multiples of this unit). The sweatshirts are marked "MADE IN MALAYSIA" by a sewn- in label at the neck area in lettering of approximately 9 points.

ISSUE:

Whether the country of origin marking on the sample sweatshirt, as described above, satisfies the requirements set forth in section 304 of the Tariff Act of 1930, as amended.

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 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.

The country of origin for marking purposes is defined by section 134.1(b), Customs Regulations (19 CFR 134.1(b)), to mean the country of manufacture, production, or growth of any article of foreign origin entering the U.S.

Under section 134.46, if the name of a city or locality in a country other than the country in which the article was manufactured or produced, appears 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.

The purpose of this regulation is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the origin of the imported article. See, 19 CFR 134.36(b); C.S.D. 88-24.

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. Also see HQ 734783 (April 30, 1993).

With respect to the "Biella, Italy" reference embroidered on the front side of the sweatshirt, as described above, we find that the special marking requirements set forth in section 134.46 are not triggered. In HQ 732412 (August 29, 1989), Customs considered whether jeans with the word "Kansas" on a fabric label attached to the rear right pocket "Kansas Jean" on rear pocket snaps, "Kansas" and "Kansas Jeans Navy Wear" printed on a leather label attached to the front right pocket, and a stylized "K" and the word "J. Kansas" decorating the front button, but marked with their country of origin on a fabric label sewn to the waistband, met the country of origin marking requirements of 19 CFR 134.46. Noting that Customs often distinguished those special cases in which reference to a place other than the country of origin on an imported article would not confuse the ultimate purchaser as to the true country of origin, i.e., design/decoration use of locality name, and finding that the country of origin marking was conspicuous in that it appeared in a usual place, in lettering sufficient to be easily found and read, Customs determined that the U.S. references did not trigger the marking requirements of section 134.46. See also, HQ 723604 (November 3, 1983) ("USA" letters on men's bikini-style swimming trunks did not trigger marking requirements of 19 CFR 134.46 because such marking was used as a symbol or decoration and would not be reasonably construed as indicating the country of origin of the article).

Similarly, in this case, we find that the "Biella, Italy" reference embroidered on the front side of the sweatshirt would not be reasonably construed by the ultimate purchaser as referring to the country of origin of the sweatshirt but would in fact only be considered as being part of the design of the sweatshirt itself. Also, as stated above, the sweatshirt is conspicuously marked with the country of origin by means of a fabric label sewn into the neck area of the sweatshirt. Accordingly, the special marking requirements provided in section 134.46 are not triggered.

HOLDING:

The submitted sample sweatshirt, marked with the country of origin in the manner described above, satisfies the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

John Durant, Director

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