MAR 2-05 CO:R:C:V 733281 LR
Ms. Martha L. Corgan
M&L International Co.
7700 Gross Point Road
Skokie, Ill. 60077
RE: Country of origin marking of garment with hangtag attached
with reference to place other than the country of origin; 19 CFR
134.46; 19 CFR 134.47.
Dear Ms. Corgan:
This is in response to your letter dated April 17, 1990,
concerning the country of origin marking requirements of garments
with a hangtag attached with the names of several cities.
FACTS:
Garments to be imported will be conspicuously marked with
their country of origin by means of a sewn-in textile label
permanently affixed on the garment in the back neck area and/or
the back of the waistband. A hangtag will be affixed to each
garment with the words "Bonjour International" in large lettering
on the front and back of the hangtag. The words " Milan",
"Paris" and New York" also appear in smaller lettering on both
sides of the hangtag. A sample hangtag was submitted. The
garments in question are not made in any of these localities.
ISSUE:
Whether a hangtag which contains the names of localities
other than the country of origin must be marked to indicate the
country of origin of the garment to which it is attached when the
garment is conspicuously marked.
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. Part 134, Customs
Regulations (19 CFR Part 134), implements the country of origin
marking requirements and exceptions of 19 U.S.C. 1304. As
provided in section 134.41(b), Customs Regulations (19 CFR
134.41(b)), the country of origin marking is considered
conspicuous if the ultimate purchaser in the U.S. is able to find
the marking easily and read it without strain.
Customs has recognized that the presence of a geographic
location other than the country in which the article was produced
on an imported article or its container may mislead the ultimate
purchaser as to the true country of origin. Thus, in cases
where the name of a location 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 appears on an
imported article or its container, section 134.46, Customs
Regulations (19 CFR 134.46), provides that there shall appear,
legibly and permanently, in close proximity to such words the
name of the country of origin preceded by "Made in," "Product
of," or other words of similar meaning. If the locality is
included as part of a trade name, trademark, or souvenir marking,
then the country of origin marking can either appear in close
proximity to the locality or in some other conspicuous locations
(19 CFR 134.47). The purpose of these regulations is to
alleviate the possibility of confusion that may be created by
such words.
Customs has often distinguished those special cases in which
the circumstances were such that reference to a place other than
the country of origin on an imported article would not confuse
the ultimate purchaser as to the true country of origin. For
example, in HQ 723604, November 3, 1983, and HQ 712013, January
16, 1980, Customs held that use of the abbreviated "USA"
displayed on imported women's wearing apparel did not trigger the
requirements of 19 CFR 134.46 because such marking was used as a
symbol or decoration and would not reasonably be construed as
indicating the country of origin of the article on which it
appeared. In HQ 732412, August 29, 1989, Customs found that the
placement of the word "Kansas" on different parts of imported
jeans are built into the garments' design and they would not
mislead or deceive the ultimate purchaser or in any way connote
that "Kansas" is the place of manufacture.
In contrast, where the reference appears on a hangtag
affixed to a garment, generally the requirements of 19 CFR 134.46
or 19 CFR 134.47 are triggered. This is because a hangtag is
designed to attract the attention of the purchaser and often
contains information about the article to which it is attached.
As such, a reference on the hangtag to a locality other than the
country of origin of the article to which it is attached is
potentially misleading. Thus, in HQ 731032, September 6, 1988,
Customs determined that a hangtag bearing a U.S. reference
attached to an imported handbag had to be marked to indicate the
country of origin of the handbag even though the handbag was
marked by means of a sewn-in-label inside. See also HQ 732486,
September 5, 1989 (use of phrase "Riviera Line" on a hangtag
attached to imported garments triggers the requirements of 19 CFR
134.46).
In this case, the hangtag you propose to use contains
several references to localities other than the country of
origin of the garement to which it will be attached. These
references are potentially misleading as to the country of origin
of the garment and special marking requirements are applicable.
Since these references do not appear as part of a trade name,
trademark, or souvenir marking, the requirements of 19 CFR 134.46
rather than 19 CFR 134.47 apply.
HOLDING:
A hangtag affixed to a garment which contains the names of
several cities which are not located in the country where the
garment was manufactured must be marked to indicate the country
of origin of the garment in accordance with the requirements of
19 CFR 134.46 (i.e., preceded by words such as "Made in" or
"Product of", in close proximity to such references, in
comparable size letters).
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch