HQ 561570 - Country of origin marking of fabric garden and work gloves; 19 CFR 134.46; disjunctive marking - United States International Trade Commision Rulings

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HQ 561570

June 9, 2000

MAR-2 RR:CR:SM 561570 KSG

CATEGORY: MARKING

Julie McCoy
Executive Vice President
MidWest Quality Gloves, Inc.
P.O. Box 260
Chillicothe MO 64601

RE: Country of origin marking of fabric garden and work gloves; 19 CFR 134.46; disjunctive marking

Dear Ms. McCoy:

This is in response to your letters dated November 5 and November 10, 1999, requesting a binding ruling on the country of origin marking requirements for imported fabric garden and work gloves. You submitted samples for our examination.

FACTS:

You submitted various samples of foreign-made gloves which are marked with their country of origin by different means. The markings generally fall into six different groups. All of the gloves except the third and fifth groups are marked with the country of origin on a heavy paper label attached to the cuff, folded over the gloves. In the first group, the country of origin appears on both the front and back of the paper label. There is a U.S. address that also appears on the back of the label.

The second group is marked with the country of origin only on the back of the label along with a U.S. address. The third group has a hangtag attached at the cuff with the country of origin on the back of the hangtag near a U.S. address. The fourth group consists of a pair of gloves that is marked with a paper label attached to the cuff. The country of origin marking is on the back side of the label.

The fifth group has no country of origin marking or any other geographic reference on the label attached to the cuff. The country of origin is marked on a sewn-in label inside the glove. One
pair in this group has a sewn-in label right at the cuff, while the other pair has the label sewn one inch below the cuff.

Lastly, there is one pair of gloves that bears the marking “Made in one of the following countries: China, Hong Kong, Sri Lanka, Indonesia, Malaysia, Thailand or Macao” on the back of the paper label that is attached to the cuff.

ISSUE:

Whether the work gloves described above are properly marked with their country of origin. 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 (or its container) 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.

Section 134.46, Customs Regulations (19 CFR 134.46), as revised by T.D. 97-72, dated August 20, 1997, 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, 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.

Section 134.46 provides that its special marking requirements are triggered only when Customs determines that the non-origin marking may mislead or deceive the ultimate purchaser as to the actual country of origin of the article. Customs has ruled that in order to satisfy the “close proximity” requirement, the country of origin marking must appear on the same sides(s) or surface(s) in which the name of the locality other than the country of origin appears. See HRL 708994, dated April 24, 1978.

Customs ruled in T.D. 75-222, dated September 4, 1975, that imported gloves must be marked with their country of origin by means of an ink stamp or label permanently sewn or glued near the hem or cuff of the glove in reasonable proximity to the size marking. However, the T.D. also stated that “cloth or vinyl work or garden gloves may be marked to indicate the country of origin by means of a heavy paper folder used to securely fasten together the pair of gloves, which shows the country of origin in a legible and conspicuous manner.” The T.D. advised that easily removable adhesive labels are not acceptable.

In Headquarters Ruling Letter (“HRL”) 731061, dated July 28, 1988, Customs determined that under certain circumstances, merely marking the back of the folded label on gloves would not satisfy the conspicuousness requirement of 19 U.S.C. 1304. HRL 731061 held that the country of origin must appear on the front of the folded-over label in the following situations: 1) where gloves are marked by means of an ink stamp, but the folded label or hangtag obscures the ink stamp; 2) where gloves are marked by means of a sewn-in label, but this label is not placed near the cuff of the glove and is not easily accessible to the consumer; and 3) where the gloves (fabric or vinyl work gloves only) are not marked by means of either an ink stamp or a sewn-in label. The stated rationale for this requirement was that the front of the folded label draws the consumer’s attention because it displays the function of the gloves and the size.

Customs recently modified HRL 731061to eliminate the requirement that the country of origin appear on the front of the label where the gloves are not marked by means of either an ink stamp or a sewn-in label effective for merchandise entered or withdrawn from warehouse for consumption on or after August 7, 2000. See notice published in the CUSTOMS BULLETIN , Vol. 34, No. 23 , June 7, 2000. The country of origin may be placed on the front or back of the paper label (or both) so long as it is conspicuous. The term “conspicuous” is defined in 19 CFR 134.1(k) as “capable of being easily seen with normal handling of the article or container.” Pursuant to 19 CFR 134.46, if a U.S. address appears on the label, the country of origin must appear on the same side or panel.

Based on the above, groups 1 through 4 are properly marked with their country of origin. All these gloves are marked in a conspicuous manner with their country of origin on the front and back or only on the back of the paper folder or hangtag. The gloves in groups 1 through 3 have a U.S. address on the label or hangtag which trigger the special marking requirements of 19 CFR 134.46. The country of origin marking on these gloves satisfies the close proximity and comparable size requirements of 19 CFR 134.46. The gloves in group four do not bear a non-origin geographic reference and therefore, do not trigger the special requirements of 19 CFR 134.46.

The gloves in group five do not have a country of origin marking or a non-origin geographic reference on the paper label attached to the cuff but have sewn-in labels bearing a country of origin. Pursuant to T.D. 75-222, it is acceptable to mark the gloves with a sewn-in label so long as it is conspicuous and legible. We find that both pairs of gloves submitted are marked in a conspicuous and legible manner.

Customs policy is that in most circumstances, it is not acceptable for purposes of 19 U.S.C. 1304 to mark an article in the disjunctive with the legend “Product of _________ or ________” since this does not indicate the actual country of origin of the imported article as required by 19 U.S.C. 1304. In Headquarters Ruling Letter (“HRL”) 560776, dated May 4, 1999, Customs ruled that the use of a disjunctive marking listing possible countries of origin on blister cards (e.g., “Made in Taiwan, Philippines or China”) for various accessories used for home electronics and entertainment systems without any additional labeling statement would not satisfy the marking requirements of 19 U.S.C. 1304. In HRL 561397, dated August 5, 1999, Customs held that it was not acceptable to use alternative or disjunctive marking (“Made in France or Mauritius”) for imported ophthalmic devices; the devices were required to be marked with the country where they were actually produced. See also HRL 558647, dated November 30, 1994, HRL 735482, dated April 4, 1995, HRL 734544, dated July 24, 1992, and HRL 734505, dated August 27, 1992,

Based on the above rulings, we find that the disjunctive marking on the gloves in the sixth group “Made in one of the following countries: China, Hong Kong, Sri Lanka, Indonesia, Malaysia, Thailand or Macao” is unacceptable for purposes of 19 U.S.C. 1304.

HOLDING:

The country of origin of fabric garden and work gloves may be marked on the front or back of the paper label or hangtag, provided the marking is conspicuous. The fabric work and garden gloves that are marked as described above, in groups 1 through 5, satisfy the conspicuousness requirement and are properly marked with the country of origin.

The marking “Made in one of the following countries: China, Hong Kong, Sri Lanka, Indonesia, Malaysia, Thailand or Macao” does not satisfy the requirements of 19 U.S.C. 1304. Therefore, the gloves marked in this manner are improperly marked.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is 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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