HQ 560423 - Country of origin marking of wearing apparel; marking; 19 CFR 134.46; T.D. 97-72; designed in the U.S. - United States International Trade Commision Rulings

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HQ 560423

October 10, 1997

MAR-05 RR:CR:SM 560423 KKV

CATEGORY: MARKING

Mr. Caldecot Chubb III
Oxford Industries, Inc.
222 Piedmont Avenue, N.E.
Atlanta, GA 30308

RE: Country of origin marking of wearing apparel; marking; 19 CFR 134.46; T.D. 97-72; designed in the U.S.

Dear Mr. Chubb:

This is in response to your letter dated April 21, 1997, which requests a binding ruling regarding an acceptable country of origin marking for certain imported womens private label sportswear products.

FACTS:

We are informed that Oxford Industries, Inc., is an importer of womens private label sportswear products which have been designed in the United States but manufactured at various facilities worldwide. With regard to the subject shipments, we are informed that in all cases, the foreign manufactured garments are wholly assembled or knit to shape in a single country; thus, the country of origin in each instance, will be the country in which the garment was either knit or assembled, pursuant to the textile rulings of origin set forth in 19 CFR 102.21. Oxford proposes to mark the imported garments, "Made in ___ (country of origin as determined under Section 102.21)," followed by the words "Designed in U.S.A." in lettering of the same size.

ISSUE:

Whether the marking "Made in ___ (country of origin as determined under Section 102.21), Designed in U.S.A." is an acceptable country of origin marking for wearing apparel manufactured abroad from designs created in the United States.

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 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. 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. Friedlander & 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. Section 134.46, Customs Regulations (19 CFR 134.46) provides:

In any case in which the words "United
States," or "American," the letters
"U.S.A.," any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letter or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, 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.

We note that Customs has previously allowed the phrase "designed in" to be used in conjunction with country of origin information. In Headquarters Ruling Letter (HRL) 726695, dated October 19, 1984, Customs ruled that the words "Designed in West Germany" could appear on packages of imported ornaments so long as the requirements of 19 CFR 134.46 and the requirements of 19 U.S.C. 1304 were satisfied. Likewise, in HRL 734144, dated July 5, 1991, Customs held that a label marked "Designed in U.S.A." with the words "Made in (Country of Origin)" in close proximity and in the same size and color as the words "Designed in U.S.A." satisfied the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.46 so long as the words "Made in (country of origin)" were legible, conspicuous and permanent. In HRL 559886, dated August 16, 1996, Customs considered imported figurines manufactured abroad from a mold created and designed in the U.S. Customs rejected the marking "Designed and Sculpted in the U.S.A., Made in Thailand" and similar markings, determining that such markings created the probability of confusion on the part of the ultimate purchaser, but held that "Made in (country of origin) based on a U.S. design," "Made in (country of origin) based on an original design created in the U.S. using a U.S. mold," satisfied the requirements of 19 U.S.C. 1304 and 19 CFR Part 134. In HRL 959608, dated September 12, 1996, Customs approved the use of the markings "Made in China, Dyed, Printed and Cut in Italy" and "Made in China, Designed in Italy" for imported silk scarves.

With regard to the merchandise under consideration, inasmuch as your proposed marking includes the name of the country of origin in close proximity to the non-origin geographic designation ( "Designed in the U.S.A."), and in letters of at least equal size, it satisfies the stricter marking requirements of 19 CFR 134.46. Further, the statement "Designed in U.S.A. which follows the phrase "Made in ___ (country of origin as determined under Section 102.21)" would not mislead an ultimate purchaser as to the origin of the garments, as it indicates to the ultimate purchaser that the garments were only designed in the United States.

HOLDING:

The proposed country of origin marking " "Made in ___ (country of origin as determined under Section 102.21)", followed by the words "Designed in U.S.A." in lettering of the same size, satisfies the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

A copy of this ruling letter should be attached to the entry documents filed at the time the goods are entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John Durant
Director
Commercial Rulings Division

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