HQ 558710 - Country of origin marking of wool stole; hang-tag; conspicuous; permanent - United States International Trade Commision Rulings

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HQ 558710

December 20, 1994

MAR-2-05 CO:R:C:S 558710 MLR

CATEGORY: MARKING

Ms. Mary P. Flint
Tarachand
1150 Avenue of the Americas
New York, New York 10036-2794

RE: Country of origin marking of wool stole; hang-tag; conspicuous; permanent

Dear Ms. Flint:

This is in reference to your letter of August 16, 1994, requesting a ruling concerning the country of origin marking on a 100 percent wool stole from Kashmir, India. A sample was submitted with your request.

FACTS:

The garment is a 100 percent wool stole from Kashmir, India. You question whether it is appropriate only to mark the stole with a hang tag rather than a sewn-on label, since a sewn-on label would impair the appearance and reversible quality of the stole. You state that a hang tag will be attached by the manufacturer in the country of origin.

ISSUE:

Whether marking the country of origin on a hang tag attached to an imported wool stole satisfies the country of origin marking requirements of 19 U.S.C. 1304.

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 imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article 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. Friedlaender & Co. Inc., 27 CCPA 297, 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. As provided in section 134.41(b), Customs Regulations {19 CFR 134.41(b)}, the country of origin marking is considered to be conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. Section 134.44(c), Customs Regulations {19 CFR 134.44(c)}, states that if articles are marked with tags, the tag must be attached in a conspicuous place and in a manner which assures that, unless deliberately removed, it will remain on the article until it reaches the ultimate purchaser.

In Headquarter Ruling Letter (HRL) 733139 dated April 6, 1990, Customs considered the country of origin marking on webbed fabric belts imported from Canada. The belt itself had no marking; however, a hang tag was attached to the belt buckle with a plastic tie. It was held that since the hang tag was securely attached to the belt, contained essential information about the style, size, color and price of the belt, and was attached to a conspicuous location on the belt ring, and the importer intended to keep the hang tag on the imported belt until it was purchased, the use of the hang tag to indicate the belt's country of origin satisfied the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

In HRL 731061 dated July 28, 1988, Customs held that gloves could be marked only with a hang tag instead of sewn-in labels or ink stamps, as long as the country of origin was on the front of the hang tag in reasonable proximity to the glove size. Customs has also ruled that cloth or vinyl work or garden gloves may be marked to indicate the country of origin by means of a heavy paper folder which securely fastened the gloves together, as long as the country of origin is shown in a legible and conspicuous manner. T.D. 75-222 dated September 4, 1975.

Customs has also ruled that the use of a cardboard hang tag affixed to the neck area on a ladies reversible jacket satisfied the country of origin marking requirements, since the removal of a label sewn into the jacket could damage the jacket. See HRL 731513 dated November 15, 1988.

Similarly, in this case, we find that the stole may be reversible, and that a hang tag will satisfy the country of origin marking requirements of 19 U.S.C. 1304 if it is attached securely to the end of the stole, contains the essential information about the stole, and you intend to keep the hang tag on the imported stole until it is purchased.

HOLDING:

On the basis of the information and sample submitted, we find that the use of a hang tag attached to an imported wool stole in the manner described above, will satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

John Durant, Director

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