HQ 560610 - Request for a ruling regarding the country of origin marking requirements of certain apparel; shirts; shorts; 19 CFR 134.46 - United States International Trade Commision Rulings

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HQ 560610

October 8, 1997

MAR-05 RR:CR:SM 560610 RSD

CATEGORY: MARKING

Steven W. Baker, Esq.
0ne Sutter Street
Suite 1004
San Francisco, California 94104-4919

RE: Request for a ruling regarding the country of origin marking requirements of certain apparel; shirts; shorts; 19 CFR 134.46

Dear Mr. Baker:

This is in response to your letter dated August 7, 1997, on behalf of Royal Robbins, Inc., requesting a binding ruling regarding the country of origin marking requirements pertaining to apparel intended for outdoor activities Samples of the clothing and proposed hang tags have been submitted for our consideration.

FACTS:

Royal Robbins is a designer, importer, and wholesaler of apparel and related accessories intended for outdoor activities. This apparel is procured from a number of different countries, primarily located in the Far East. The shirt submitted for our examination is marked to indicate its country of origin by a sewn-in label inside the middle of the neck area which has the phrase "MADE IN PERU" "FAIT AU PERU" printed on it. The brand name "Royal Robbins" and the shirt size is also indicated on the same label. The back of this label provides the fiber content information and care instructions. The submitted shorts are marked to indicate their country of origin through the use of a label sewn in at the waist band, which reads "MADE IN HONG KONG FAIT AU HONG KONG" and also indicates the fiber content of the garment. Directly above the country of origin label is another sewn-in label with the brand name "Royal Robins". The size information is indicated through a third sewn-in label about an inch to the right of the country of origin marking label. In addition, the accompanying plastic poly-bag for the garments is marked "MADE IN HONG KONG".

Royal Robbins has developed a hang tag to be attached to its products, which it intends to use through the 1997-1998 seasons. Samples of the hang tags were enclosed with your letter. The hang tag provides additional information regarding the garments. One of the features of the hang tag is to supply information on how to get in touch with the company. This includes a world wide web address, and telephone numbers with county designations indicating the country in which that number may be dialed and the statement "FURTHER REACHES of the GLOBE. The reference to the "U.S.A. 800-537-9044" is somewhat larger than the number for the other countries, but no street or city address is provided on the label. The hang tag attached to the pants also contains a section that indicates as follows:

"have QUESTIONS or COMMENTS about your ROYAL ROBBINS Go Everywhere clothing?" "Call our Customer satisfaction Experts:" (listing of a series of telephone numbers for use in various countries.)

ISSUE:

Do the country names next to telephone numbers listed on hang tags attached to imported wearing apparel invoke the requirements of 19 CFR 134.46?

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 (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 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

We first note that the country of origin marking on the sample shirt "MADE IN PERU / FAIT AU PERU" which is printed on a sewn-in label affixed to the inside center of the neck midway between the shoulder seams of the shirt is conspicuously located in that it is easy to find and read. Also, the location of the country of origin marking on the shirt satisfies the marking requirements of T.D. 54640(6) which provides that:

...wearing apparel such as shirts, blouses, coats, sweaters, etc. must be legibly and conspicuously marked with the name of the country of origin by means of a fabric label or label made from natural or synthetic film sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area...

A similar country of origin marking, "MADE IN HONG KONG / FAIT HONG KONG", which is printed on a sewn-in label affixed to the center of the inner rear waistband of the sample shorts is also conspicuously located in that it is easy to find and read. Also, the location of the country of origin marking on the shorts satisfies the marking requirements of T.D. 71-264(3) which provides that:

Trousers, slacks, jeans, and similar wearing apparel shall be marked to indicate the country of origin by means of a permanent label affixed in a conspicuous location on the garments, such as the inside of the waistband.

Because a proposed hang tag which is to be attached to the garments contains the names of a number of countries other than the country of origin of the garments, we must consider whether the requirements of 19 CFR 134.46 will be triggered. On August 20, 1997, a final rule document, Treasury Decision (T.D.) 97-62 was published in the (62 FR 44211) amending section 134.46 of the Customs Regulations to the ease the requirement that whenever words appear on imported articles indicating the name of a geographic location other than the true country of origin of the article, the country of origin marking must appear in close proximity and in comparable size lettering to those words proceeded by the words "Made in", "Product of" or other words of similar meaning. The effective date of the Federal Register Notice was
September 20, 1997. The revised 19 CFR 134.46 reads:

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, letters 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.

Accordingly, under the revised 19 CFR 134.46, it must be determined whether the country names printed on the hang tags names may deceive or mislead the ultimate purchaser regarding the country of origin of the garments. In several rulings, we have indicated that geographic names appearing in connection with imported articles do not necessarily trigger the requirements of 19 CFR 134.46. For example, in HQ 732329 (July 29, 1989) we ruled that an address on a warranty card did not pose a risk of confusion or deception to ultimate purchasers. Similarly, in HQ 732816 (November 24, 1989), we ruled that an address printed on the back of a display ticket giving a customer a place to direct questions and guarantee problems created no risk of confusion or deception. The basis of both these rulings was that while the names and addresses, taken alone, would appear to be the kinds of potentially confusing information addressed by 19 CFR 134.46, their context was such that the address information would not mislead or confuse the ultimate purchaser as to the country of origin of the article.

In other rulings, Customs determined that certain information provided to enable customers to contact the company regarding complaints or questions about the product did not trigger the requirements of 19 CFR 134.46. See, HQ 733840, February 1, 1991, (where garment hang tags, which included a telephone number of the company and language which invited the customer to contact the company for informational purposes, did not trigger the requirements of 19 CFR 134.46). Similarly, in the instant case, we find that the references to country names other than the country of origin, printed on the hang tags, do not trigger the requirements of 19 CFR 134.46. The U.S. and the other country names printed on the hang tags do not connote origin, but rather clearly invite customers to contact the company with their questions about the product. This is demonstrated by the fact that telephone numbers are next to the country names. We believe that the ultimate purchasers of the garments will understand that the country names are only printed on the hang tags in order to indicate the telephone numbers to be used when someone is calling for product information from those countries. Consequently, the country names next to the telephone numbers on the hang tags are not likely to confuse or mislead an ultimate purchaser regarding the country of origin of the garment.

HOLDING:

The hang tags on which are printed the names of countries other than the country of origin as well as a telephone numbers next to those country names and language inviting the consumer to contact the company with questions do not trigger the requirements of 19 CFR 134.46. Accordingly, the country of origin markings on the sample garments are acceptable.

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 transactions.

Sincerely,

John Durant, Director
Commercial Rulings Division

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