MAR-2-05 CO:R:V:C 734144 AT
John B. Pellegrini, Esq.
Ross & Hardies
529 Fifth Avenue
New York, New York 10017-4608
RE: Country of origin marking on label attached to imported
footwear, wearing apparel and accessories; 19 CFR 134.46,
conspicuous, close proximity, "Designed in Country of
Origin"
Dear Mr. Pellegrini:
This is in response to your letter of April 18, 1991, on
behalf of your client Reebok International, Ltd., requesting a
binding and prospective ruling regarding the country of origin
marking on labels attached to imported footwear, wearing apparel
and accessories.
FACTS:
Your client, Reebok International, an importer and
distributor of imported footwear, wearing apparel and accessories
proposes to mark the country of origin of its imported
merchandise with the following label:
Designed in U.S.A.
Made in (Country of Origin)
You claim that the imported merchandise is conceived and designed
by Reebok International's product development staff located in
Stoughton, Massachusetts. You state that the above statements
would appear on the same label and adjacent one to the other.
You also state that the letter size and color would be the same
and that the statement "Designed in U.S.A." would not appear
without the country of origin statement. You assert that for
footwear, the labels will appear at one of the locations
specified in HQ 732468 (September 18, 1989) and for wearing
apparel the marking would be placed in the neck or waistband as
appropriate. A sample of the proposed label was not submitted.
ISSUE:
Does the proposed country of origin marking on the label
satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR
134.46?
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 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. 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. Friedlander & Co., 27
C.C.P.A. 297 at 302; C.A.D. 104 (1940).
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Section 134.46, Customs Regulations (19 CFR
134.46), requires that in any case in which 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.
In HQ 726695 (October 19, 1984), Customs ruled that the
words "Designed in West Germany" could appear on packages of
imported ornaments so long as the requirements of 19 CFR 134.46
and the requirements of 19 U.S.C. 1304 were satisfied. In HQ
732874 (January 13, 1990), Customs ruled that in order to satisfy
the requirements of 19 CFR 134.46 imported pianos manufactured in
Korea but designed in West Germany and marked "West Germany" must
be marked with the name of the country of origin (Korea) preceded
by "Made in" or "Product of" in lettering of approximately the
same size as the lettering of "West Germany", either within the
boundaries of the plaque or immediately adjacent to it in close
proximity.
Upon a review of the proposed country of origin marking on
the label, we find that because the words "Designed in U.S.A.",
appear on the label connoting a different country other than the
country of origin of the article the marking must satisfy the
requirements of 19 CFR 134.46. Therefore, the country of origin
of the article must be marked legibly, permanently, in close
proximity to and in at least a comparable size to the words
"Designed in U.S.A."
In this case the proposed label would indicate the country
of origin preceded by the words "Made in" and will be in close
proximity to and in at least the same size as the words "Designed
in U.S.A.". Assuming that the marking is also legible,
conspicuous and permanent, a determination which we can not make
due to the fact that a sample label has not been submitted for
examination, the marking requirements of 19 U.S.C. 1304 and 19
CFR 134.46 would be satisfied.
HOLDING:
The proposed label marked "Designed in U.S.A." with the
words "Made in (Country of Origin)" in close proximity and in the
same size and color as the words "Designed in U.S.A." satisfies
the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.46 if
the words "Made in (Country of Origin)" are legible, conspicuous
and permanent.
Sincerely,
John Durant, Director
Commercial Rulings Division