MAR-2-05 CO:R:C:V 731727 KG
Colleen Bartoul
Steele's Sports Company
1044 Vivian Drive
Grafton, Ohio 44044
RE: Country of origin marking requirements for sporting goods
Dear Ms. Bartoul:
This is in response to your letter of August 30, 1988,
requesting a ruling on whether your proposed method of marking
various sporting good items satisfies section 304 of the Tariff
Act of 1930, as amended (19 U.S.C. 1304). We regret the delay
in responding to your inquiry.
FACTS:
Steels's Sports Company ("the importer")submitted 6 items
for review. The items included 5 athletic bags and a batting
glove. The bags were packaged and marked in one of two
different ways. The first method of packaging is wrapping the
athletic bag in a plastic container with a paper insert that is
closed at the top with a piece of cardboard stapled to the
plastic. The insert has an illustration of the bag and the U.S.
address of the importer printed in royal blue lettering on a
light background. The dark blue cardboard has the importer's
name and emblem across it in white print and is marked "Made in
Taiwan" in the lower right hand corner in white print.
The second method of packaging is wrapping the athletic bag
in a removable plastic bag. These bags are marked with a fabric
tag attached to the athletic bag about 1 1/2 inches long marked
with the name of the company on the front and "Made in Taiwan" on
the back of the tag close to the seam.
The batting glove is packaged in a paper container with a
plastic window; the country of origin marking is on a fabric tag
attached deep inside the glove.
ISSUES:
Whether marking the country of origin on the cardboard
closing of the plastic container of an athletic bag satisfies 19
U.S.C. 1304.
Whether marking the country of origin on the back of a
fabric tag attached to an athletic bag satisfies 19 U.S.C. 1304.
Whether marking the country of origin on a fabric tag
attached deep inside a batting glove with no marking on the
outside packaging satisfies 19 U.S.C. 1304.
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. The first method of packaging the athletic bags, as
described above, raises a question as to whether or not the
importer is required to mark the country of origin on the paper
insert containing the U.S. address of the importer. Section
134.46, Customs Regulations (19 CFR 134.46), requires that when
the name of any city or locality in the U.S., other than the name
of the country or locality in which the article was manufactured
or produced, appears 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 possibility of misleading or
deceiving the ultimate purchaser.
The country of origin marking in the lower right hand corner
of the cardboard piece attached at the top of the container is
prominent because of the white lettering. It is not difficult to
read, easy to locate and clear. The U.S. address appears on the
bottom of the package on the same side and below the name of the
importer. Because the country of origin appears on the same side
of the product as the U.S. address and is prominently displayed,
it is not necessary to reprint the country of origin on the paper
insert itself. The packaging is not misleading or deceptive and
satisfies the standard of 19 CFR 134.46.
The second method of packaging the athletic bags, as
described above, raises a question as to whether the country of
origin marking in conspicuous. Section 134.41, Customs
Regulations (19 CFR 134.41), requires that the ultimate purchaser
in the U.S. be able to find the marking easily and read it
without strain. In ruling letter HQ 724694 (March 6, 1984),
Customs ruled that a country of origin marking on the back of a
label is not conspicuous. In accordance with that ruling, the
second method of marking the athletic bags does not satisfy 19
CFR 134.41 and therefore is not in accordance with 19 U.S.C.
1304.
The last issue concerns the country of origin marking of the
batting glove. In ruling letter HQ 731534 (December 2, 1988),
nylon sports bags marked with a fabric label sewn deep inside the
bag were held to be not conspicuous as required by 19 CFR
134.41. In this instance, it took some searching to find the
fabric label marked with the country of origin and it is
necessary to completely fold the label over to read it. The
ultimate purchaser should not have to search for the country of
origin marking. The proposed method of marking the batting glove
is not conspicuous and does not satisfy 19 CFR 134.41.
HOLDING:
Marking the country of origin on the cardboard closing of
the plastic container of an athletic bag, as described above,
satisfies 19 U.S.C. 1304. Marking the country of origin on the
back of a fabric tag attached to an athletic bag is not
conspicuous and does not satisfy 19 CFR 134.41 or 19 U.S.C. 1304.
Marking the country of origin on a fabric tag attached deep
inside a batting glove with no marking on the outside packaging
is not conspicuous and does not satisfy 19 CFR 134.41 or 19
U.S.C. 1304.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch