MAR-2-05 CO:R:C:V 733068 KG
Mr. Colin R. Thorpe
Geo. S. Bush & Co., Inc.
1400 Exchange Building
821 Second Avenue
Seattle, Washington 98104
RE: Country of origin marking of imported stuffed animals
Dear Mr. Thorpe:
This is in response to your letter of January 19, 1990,
requesting a country of origin ruling regarding imported stuffed
animals.
FACTS:
You submitted two imported stuffed animals for examination.
The first sample is a white stuffed teddy bear which has a fabric
label sewn into the inseam at the top of the leg. The front of
the fold-over fabric label has the brand name in lettering about
1/2 inch in height and the country of origin below it in
lettering about 1/16 inch in height. The back of the label
contains a U.S. address, copyright information and the fiber
content of the stuffing. The hangtag attached to the ear has no
references to any locality.
The second sample is a red and white pig dressed in white
briefs with red hearts. The phrase "Love is for suckers"
appears in the center of the briefs. The pig has 4 suction cups,
which are attached at the ends of the arms and legs. A fold-over
fabric label, which is not visible unless one removes the briefs,
is sewn into the inseam at the leg. The front of the label has
the brand name in lettering about 1/4 inches in height and the
country of origin in lettering about 1/8 inches in height. The
back of the label contains a U.S. address, copyright information
and the fiber content of the stuffing. There are no hangtags
attached to this item.
ISSUE:
Whether the two stuffed animals described above satisfy the
marking requirements of section 304 of the Tariff Act of 1930, as
amended.
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. The Court of
International Trade stated in Koru North America v. United
States, 701 F.Supp. 229, 12 CIT (CIT 1988), that: "In
ascertaining what constitutes the country of origin under the
marking statute, a court must look at the sense in which the term
is used in the statute, giving reference to the purpose of the
particular legislation involved. The purpose of the marking
statute is outlined in United States v. Friedlaender & Co., 27
CCPA 297 at 302, C.A.D. 104 (1940), where the court stated that:
"Congress intended 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."
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, 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. A marking
that is not fully visible cannot be read without strain. In HQ
730915 (July 26, 1989), Customs ruled that the country of origin
marking of a cotton label which was partially obscured by the
fabric tag containing the washing instructions did not satisfy
19 CFR 134.41.
In this case, the fabric label containing the country of
origin on the stuffed teddy bear is prominent and easy to find.
Although the lettering of the country of origin marking is small,
it is legible and the ultimate purchaser would be able to read it
without strain. Although we suggest that it would aid the
ultimate purchaser if the lettering was enlarged, the marking
satisfies 19 CFR 134.41.
The second issue raised is whether the U.S. address on the
back of the fold-over tag triggers the special marking
requirements of section 134.46, Customs Regulations (19 CFR
134.46). 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 of
the actual origin of the imported goods.
In your letter you cited HQ 730866 (June 13, 1988), which
involved stuffed teddy bears marked with the country of origin on
the back of a fold-over fabric tag. The front of the tag had a
reference to a U.S. city. Customs ruled that 19 CFR 134.46
required that the country of origin and the U.S. address appear
on the same side or surface of a label. In this case, the
country of origin is not on the same side or surface of the
fabric label. Therefore, this sample does not comply with the
close proximity requirement of 19 CFR 134.46. This problem would
be alleviated by either removing the U.S. address on the back of
the label or printing the country of origin on the back of the
label.
The country of origin marking on the second sample is not
visible without removing the clothing on it, which is part of the
design of this stuffed animal. In HQ 730915 (July 26, 1989),
Customs ruled that a country of origin label on a jacket was not
conspicuous because it was partially obscured by another label.
Here, the label is completely covered by the briefs. The
ultimate purchaser would not be able to find this label easily.
In fact, the ultimate purchaser would not even have reason to
know that there is a label sewn onto the stuffed animal and
completely obscured by the briefs. Therefore, the marking does
not satisfy the requirements of 19 CFR 134.41.
The lettering on the label itself is easy to read and find.
If the pig was sold without clothing which obscured the label, it
would satisfy 19 CFR 134.41.
Further, the label attached to the stuffed pig has the
country of origin printed on the front of the label and a U.S.
address printed on the back of the label. As discussed above,
printing the country of origin on one side of a label and a U.S.
address on the other side violates the close proximity
requirement of 19 CFR 134.46.
HOLDING:
The stuffed teddy bear described above does not satisfy the
close proximity requirement of 19 CFR 134.46. The stuffed pig,
which is sold with briefs which completely obscure
the fabric label containing the country of origin marking, does
not satisfy 19 CFR 134.41 or 19 CFR 134.46.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch