NY J83620 - COUNTRY OF ORIGIN MARKING OF IMPORTED TOWELS, WASHCLOTHS, PILLOW SHAMS AND COMFORTER SHELLS - United States International Trade Commision Rulings

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NY J83620

April 30, 2003

MAR-2 RR:NC:TA:349 J83620

CATEGORY: MARKING

Ms. Jill Simmons
International Trade Consultants, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED TOWELS, WASHCLOTHS, PILLOW SHAMS AND COMFORTER SHELLS

Dear Ms. Simmons:

This is in response to your letter dated April 7, 2003 requesting a ruling on whether the proposed placement of labels and marking is an acceptable country of origin marking for imported towels, washcloths, pillow shams and comforter shells if another marking appears on the article which is a country or locality other than the actual country of origin of the article. This request is being made on behalf of Pillowtex Corporation.

You had previously submitted marked samples. The samples consisted of a towel, comforter shell, pillow sham and four drawings. The drawings referred to as 02tm46a2.s, 02tm42c.s, 03wb06b.s and 02tm47.s depict designs that will be imported as bath towels, hand towels and washcloths. Each of the samples and the drawings had two fabric labels affixed. One label, which will be referred to as the trademark label, is attached near one corner of the towel drawings, towel sample, pillow sham and comforter shell. This label features the words “CANNON,” “Trade Mark,” “USA,” “1887” and a depiction of a cannon. The other label, which will be referred to as the marking label, is affixed to the opposite corner and reverse side of the towel drawings and towel sample. This marking label is located inside the placket or overlapping flap opening on the back of the sham and in the seam near the unfinished opening of the shell. The marking label is larger than the trademark label. In addition to incorporating a smaller version of the trademark label, the marking label contains the fiber content (including potential fill for the comforter), washing instructions, the cotton mark, the company’s address “Kannapolis, NC 28081” and the phrase “Made in Turkey” in English, French and Spanish. The address, small trademark and the country of origin are all on the same side of the marking label. The address and origin marking are the same size.

The marking statute, section 304, 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), deals with cases 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 locality 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, appears 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. In such a case, 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.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side or surface in which the name or locality other than the actual country of origin appears.

Section 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark or trade name or as part of a souvenir marking, the name of the actual country of origin must appear in close proximity to the place name “or in some other conspicuous location.” Whether the country of origin appears “in close proximity” or in some other conspicuous place, the name of the country of origin must be preceded by “Made in,” “Product of,” or words of similar meaning. In other words, if the question concerns a trademark, trade name or souvenir marking, the country of origin marking need only meet the general standard of conspicuousness.

The instant items contain labels that refer to localities other than the country of origin. One reference, “Kannapolis, NC 28081,” is on the same side of the same label and is in the same type size as the country of origin. That reference satisfies the requirements of Section 134.46 CR as it is in close proximity to the country of origin marking.

The other reference, “USA,” appears as part of a trademark. Cannon is one of Pillowtex’s brand names and the submitted mark is a new version of the registered Fieldcrest Cannon mark. You have provided a pending trademark registration application with the U.S. Patent and Trademark Office for the submitted version of the “Cannon USA Trade Mark” for bed linen, toilet linen and other furnishing articles. Customs has previously held that a filed trademark registration application is sufficient evidence of a trademark for purposes of determining whether the requirements of 19 CFR 134.47 (rather than 134.46) apply. See Headquarters Ruling Letter (HQ) 734455, dated July 1, 1992. The trademark label is not in close proximity to the origin marking however; the requirement for trademarks allows the origin marking to be in another conspicuous location. The marking label, which contains washing instructions, origin marking, fiber content and other information, is in the standard location where a consumer would look for such information. The label is readily accessible and is considered a conspicuous location. The trademark label satisfies the requirements of Section 134.47 CR. The smaller version of the trademark that is incorporated as part of the marking label satisfies the marking requirement. We note that in discussing the use of a trademark application to invoke 19 CFR 134.47, HQ 734455 stated “However, if for some reason the application is denied, then the requirements of 19 CFR 134.46 will have to be complied with.”

The proposed marking of the submitted items, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is acceptable country of origin marking for the imported towels, washcloths, pillow shams and comforter shells.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Hansen at 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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