HQ 734577 - Country of origin marking for headties; paper labels attached by pins; permanent; conspicuous; 19 CFR 134.41 - United States International Trade Commision Rulings

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HQ 734577

July 17, 1992

MAR-2-05 CO:R:C:V 734577 RSD

CATEGORY: MARKING

Titilola O. Gros
CEO
Erin Trading Company
P.O. Box 5531
Hercules, California 94547

RE: Country of origin marking for headties; paper labels attached by pins; permanent; conspicuous; 19 CFR 134.41

Dear Ms. Gros:

This is in response to your letter dated March 25, 1992, requesting a ruling on the country of origin marking for headties worn by West African women. Your letter states that Customs officials in California suggested that you contact Customs Headquarters on this matter. The submission included a sample headtie with its proposed country of origin marking and a promotional brochure for the product.

FACTS:

Erin Trading Company is a small northern California based company involved in importing Swiss made headties for West African women living in the U.S. The promotional brochure contains pictures of women wrapping the product and wearing it on their head. The sample headtie is made of polyester, rayon and metallic. The product will be imported in a clear plastic bag and it is intended that the product remain in the bag until after it is purchased. The sample has two labels, which are clearly visible through the bag. One label is made out of paper, and the other label is cardboard. Both labels are attached to the headtie by means of a pin on the same side of the headtie near the edge of the garment. One label has a black background with gold letters. It contains information regarding the registered trademark and the manufacturer. It is also marked "MADE IN SWITZERLAND" in letters of about 1/4 of an inch. About 4 inches to the right, the second label is made of white paper. It provides information on the fiber content of the garment. This label also has "MADE IN SWITZERLAND" written on it in black letters of about 1/4 inch.

You indicate that the headties are delicately designed for formal events. Permanent marking, such as sewing or stamping the textile content and the country of origin on the headtie, is likely to destroy the delicate nature of the fabric and turn away potential customers. The headties are reversible, so it is not possible to permanently mark them in such a way that the stamp/mark can be hidden.

ISSUE:

Is the country of origin marking on the labels attached to the headties by a pin sufficiently permanent to satisfy the country of origin marking law?

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. 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., 27 C.C.P.A. 297 at 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, Customs Regulations (19 CFR 134.41), 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. That section further provides that the degree of permanence should be at least sufficient to insure that in any reasonably foreseeable circumstance the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed.

As a general rule, marking requirements are best met by marking worked into the article at the time of manufacture. For example, its suggested that the country of origin on metal articles be die sunk, molded in or etched. See 19 CFR 134.41. However, the Customs Service normally permits any reasonable method of marking that will remain on the article during handling until it reaches the ultimate purchaser. This includes the use of paper sticker or pressure sensitive labels and string tags. See HQ 703500, March 10, 1990. If paper stickers or pressure sensitive labels are used, section 134.44, Customs Regulations (19 CFR 134.44), provides that they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until delivered to the ultimate purchaser.

In this case, the country of origin marking is printed on two paper labels both of which are attached to the headtie by pins. In most circumstances the attaching a tag or label to a garment by pins alone will not be sufficiently permanent to satisfy the requirements of 19 CFR 134.41 and 19 CFR 134.44 because there is high probability that the tag or label will fall off during the course of normal handling. However, because the garment will be imported and sold in a sealed plastic bag, it is highly unlikely that the labels will fall off the headtie prior to purchase. Accordingly, the labels will be remain on the garment unless they are deliberately removed from the sealed bag. The country of origin is also conspicuous and legible because it is easy to find and can be read without strain. The marking is therefore sufficiently permanent and conspicuous to satisfy the requirements of 19 CFR 134.41.

However, the labeling of the content of textiles under the Textile Fibers Products Identification Act is within the Federal Trade Commission. We suggest that you contact the Federal Trade Commission at 6th and Pennsylvania Avenue N.W., Washington, D.C. 20508 for more information.

HOLDING:

Because the headties will be imported and are sold in a sealed plastic bag, the country of origin marking on the sample headtie through the use of two labels attached by pins is sufficiently permanent and conspicuous to satisfy 19 CFR 134.41 and 19 U.S.C. 1304.

Sincerely,

John Durant, Director

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