MAR-2-05 CO:R:C:V 731061 LW
Mr. J.M. Hopkins
Manager of Purchasing and Traffic
Edmont Becton Dickinson
Box 6000
Coshocton, OH 43812-6000
RE: Country of origin marking on hang tags for gloves
Dear Mr. Hopkins:
This is in response to your letter dated February 17, 1988,
on behalf of Edmont Becton Dickinson (the importer), regarding
country of origin marking requirements for several styles of
gloves either manufactured abroad or assembled abroad from U.S.
cut parts and sold at retail with hang tags applied to the gloves
for display purposes.
FACTS:
You state that the gloves will be marked with the country of
origin by use of hang tags, and either sewn in labels or
permanent ink stamps which also indicate the country of origin.
Some gloves may be marked only by a hang tag without sewn in
labels or ink stamps. The hang tag is formed by a piece of
cardboard folded over so that one side is longer than the other.
The shorter portion of the hang tag (the back) will be folded
over three glove cuff sides and stapled to the gloves. The
country of origin is marked in letters of comparable size to the
importer's U.S. address which also appears on the shorter side of
the hang tag. The longer side (the front) describes and displays
the function of the glove and indicates the glove size. The
gloves are either manufactured abroad, or assembled abroad from
U.S. parts. Accordingly, one sample hang tag is marked "Made in
Taiwan," another, "Made in China," and a third one is marked
"U.S. Parts Assembled in Barbados."
ISSUE:
Is use of a hang tag to mark the country of origin on a
glove pair sufficient to comply with country of origin marking
requirements when the glove pair also has a sewn in label or an
ink stamp which indicates the country of origin?
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Is use of only a hang tag to mark the country of origin on a
glove pair sufficient to comply with country of origin marking
requirements?
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930 as amended, (19
U.S.C.1304), requires that, unless excepted, every article of
foreign origin (or its container) imported into the United States
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
the English name of the country of origin of the article.
Customs has previously ruled that imported gloves must be
legibly and conspicuously marked to indicate the country of
origin by means of an ink stamp, or a label permanently sewn or
glued near the hem or cuff of the glove in reasonable proximity
to the size marking. Easily removable adhesive labels are not
acceptable. It is also acceptable to mark the country of origin
on cloth or vinyl work or garden gloves 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.
T.D. 75-222, September 4, 1975.
In view of these determinations marking each glove pair with
the country of origin legibly and conspicuously by means of a
sewn in label or an ink stamp and a hang tag complies with the
requirements of 19 U.S.C. 1304. However, if the glove pair has a
sewn in label indicating the country of origin, but the hang tag
does not show the country of origin, the glove pair would not be
validly marked since the country of origin would not be readily
available and conspicuous to the ultimate purchaser. See HQ
709325 JB; July 31, 1978.
In regard to the placement of the country of origin on the
hang tag, section 134.46, Customs Regulations (19 CFR 134.46),
requires that when the words "U.S.," or "American," the letters
"U.S.A.," any variation of such words or letters, or the name of
any city or locality in the U.S., 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, 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. The purpose of this section is to prevent the
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possibility of misleading or deceiving the ultimate purchaser.
Based on the samples submitted, marking the country of origin at
the top of the shorter side of the hang tag is in compliance with
19 CFR 134.46.
While placing the country of origin on the same side of the
tag as the importer's U.S. address complies with 19 CFR 134.46,
it is our opinion that marking the country of origin on the
shorter side of the hang tag is not conspicuous in certain
situations. The hang tags are designed so that the longer side
of the tag which displays the function of the glove, and the
glove size will face forward, while the shorter side of the tag
with the country of origin will face backward. The front of the
tag attracts the consumer's attention, not the back. When the
gloves are ink stamped with the country of origin, if the hang
tag obscures the ink stamp, to be conspicuous the country of
origin marking on the hang tag must be placed on the front of the
hang tag, in reasonable proximity to the glove size. If the hang
tag does not obscure the ink stamp country of origin marking,
then marking the country of origin on the back of the hang tag is
acceptable. Similarly, if the sewn in label is not conspicuously
placed near the glove's cuff, nor easily accessible to the
ultimate purchaser, then the country of origin must be placed on
the front of the hang tag. However, if the U.S. address remains
on the back, the country of origin must also be marked on this
side in compliance with 19 CFR 134.46.
With regard to the second issue, as indicated above, Customs
has previously ruled 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, as long as the country of origin is shown in a legible
and conspicuous manner, and in compliance with 19 CFR 134.46. As
mentioned above, because the front of the tag draws the attention
of the ultimate purchaser, it is our opinion that when there is
no other country of origin marking on the glove, to be
conspicuous, the country of origin must be marked on the front of
the hang tag in reasonable proximity to the glove size. If the
U.S. address remains on the shorter side, the country of origin
must also be marked on this side in compliance with 19 CFR
134.46.
In addition, you indicate that some of the gloves are
assembled abroad from U.S. parts, and imported back into the U.S.
Marking the country of origin using the phrase "U.S. Parts
Assembled in ..." is in accordance with section 10.22, Customs
Regulations (19 CFR 10.22), which provides that the country of
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assembly is considered the country of origin. This section
further provides that if an imported assembled article is made
entirely of American-made materials, the U.S. origin of the
material may be disclosed by using a legend such as "Assembled
in... from material of U.S. origin," or a similar phrase.
HOLDING:
With regard to the first issue, in view of the above
considerations, it is our opinion that marking each glove pair
with the country of origin legibly and conspicuously by means of
a sewn in label or an ink stamp and a hang tag complies with the
requirements of 19 U.S.C. 1304. However, even if the country of
origin is marked by a sewn in label or an ink stamp, if the hang
tag does not identify the country of origin the gloves will not
be considered validly marked. We further find that if the hang
tag obscures the ink stamp, then the country of origin marking on
the hang tag must be placed on the front of the hang tag,
preferably next to the glove size, to comply with Customs marking
requirements. Similarly, if the sewn in label is not
conspicuously placed near the cuff of the glove, nor easily
accessible to the ultimate purchaser, then the country of origin
must be placed on the front of the hang tag. If the U.S. address
remains on the shorter side, the country of origin must also be
marked on this side in compliance with 19 CFR 134.46.
Concerning the second issue, if the country of origin is
marked legibly and conspicuously, on the front of the hang tag in
reasonable proximity to the glove size, marking the gloves by
using hang tags alone complies with country of origin marking
requirements. If the U.S. address appears on the back of the
tag, the country of origin must also be marked on this side to
comply with 19 CFR 134.46.
In addition, the gloves made from U.S. parts and assembled
abroad are properly marked in accordance with 19 CFR 10.22 which
permits disclosure of the U.S. origin of the material.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch
1cc: CO:R:C:V:LWEDELL:LDC:7/27/88