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NY 804735




December 29, 1994

CLA-2-61:S:N5:354 804735

CATEGORY: CLASSIFICATION

Mr. James D. Schoonover
Cobblestone Glove.Co., Int.
815 Jersey Street
P.O. Box 898
Baldwin City, KS 660006-0898

RE: The Country of Origin Marking for bicycle gloves from Taiwan.

Dear Mr. Schoonover:

In your letter dated November 7, 1994, you requested information regarding the country of origin marking requirements for gloves manufactured in China.

The articles to be imported consist of a pair of half-finger cycling gloves with padded palms. According to your submission the gloves will have a country of origin tag affixed. You have also provided a copy of a printed header card which will be part of the glove's packaging. On the front of the card you have printed:

With SORBOTHANE padding
3 USA Patents
COBBLESTONE Gloves Int'l.
Denver, CO USA

On the back you have printed at the bottom:

SORBOTHANE padding: Kent, Ohio, USA

COBBLESTONE Gloves, Int'l.
Denver, Colorado , USA

Textile, Leather, Mfg,. Kaohsiung, R.O.C.

An American flag is also depicted at the bottom of the header.

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 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 good is a 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 produce, be able to buy of refuse to buy them, if such marking should influence his will. United States v. Friedlaender & Co., 27 C.CPA 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. section 134.1(d), Customs Regulations (19 CFR 134.1(d) defines ultimate purchaser as "generally the last person in the U.S. who will receive the article in the form in which it was imported."

In determining whether the marking is acceptable, Customs will take into account the presence of words or symbols on as article which may mislead the ultimate purchaser as to the country of origin. Consequently if the words "United States," or "America," the letters "U.S.A.," any variation of such words of letters, or the name of any city or locality other that the country of origin appear on the imported article, special marking requirements are triggered.

In this regard section 134.46, Customs Regulations (19 CFR 134.46), requires that there shall appear, legibly and permanently, in close proximity to such words, letters (ie U.S A.) or name, and in at least comparable size, the name of the country of origin preceded by "Made in," "Product of," or other word of similar meaning. The purpose is to prevent the possibility of misleading or deceiving the ultimate purchaser.

Based upon a review of your header which has the letters U.S.A. on both sides you must comply with section 134.46 of the regulations. Therefore both sides of the header must be marked Made in Taiwan or Product of Taiwan. R.O.C. is not an acceptable abbreviation for Taiwan. If you have further questions or wish to discuss this you may contact National Import Specialist Brian Burtnik at (212) 466-5880.

Sincerely,

Jean F. Maguire

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