MAR-2-05 CO:R:C:V 734353 NL
Mr. Jack Alsup, President
Alsup & Alsup, Inc.
P.O. Box 1251
Del Rio, TX 78841
RE: Country of Origin Marking - Cotton Gardening Apron; Location
of Marking; Conspicuous; Textile Fiber Products Act.
Dear Mr. Alsup:
This is in response to your letter of September 25, 1991, in
which you request a ruling concerning the country of origin
marking requirements for certain cotton gardening aprons.
FACTS:
Your client, Fabrionics, Inc., proposes to import cotton
gardening aprons from Mexico. A sample has been submitted. As
imported the apron would be packaged by wrapping it around a
cardboard backer which is intended to be hung from a display
rack. A sticker would be affixed to the rear of the cardboard
backer upon which appear the words, "Made in Mexico". A second
label would be added, if required, which would supply the generic
fabric content, RN Number, and the country of origin. This label
would be sewn onto the inside of a large pocket on the front of
the apron. You ask whether this second label is required, and if
so, whether the proposed location is acceptable.
ISSUE:
Does the proposed marking satisfy the requirements of 19
U.S.C. 1304 and Part 134, Customs Regulations?
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 at 19 CFR 134.41(b), the marking of an
imported article must be sufficiently permanent to survive normal
distribution and store handling, and the ultimate purchaser in
the U.S. must be able to find the marking easily and read it
without strain. Upon examination of the sample it is the opinion
of this office that while the sticker is sufficiently affixed to
satisfy the requirement of permanence, and the size of the
printing is adequate, the location of the sticker on the back
side of the cardboard backer is not conspicuous. In view of the
extensive product description given on the front side of this
backer, we think it unlikely that a purchaser would expect to
find a country of origin mark on the back side, and would not be
likely to look for one, assuming the product not to be of foreign
origin. Accordingly, the sticker indicating the apron's country
of origin must appear on the front side of the cardboard backer.
For purposes of section 304 of the Tariff Act marking the
front side of the cardboard backer would be acceptable.
However, under the Textile Fiber Products Identification Act (15
U.S.C. 70) and its regulations (16 CFR 303) other, additional
marking and labeling requirements may apply. We would advise you
to consult the Federal Trade Commission, Washington, D.C. 20580
for definitive guidance on this point. It is noted that in
general, these requirements would appear to apply to cotton
aprons, and that textile articles are ordinarily subject to
marking and labeling separately from any marking which may appear
on the article's packaging or trade dress. Thus, in response to
your questions regarding the second label, there is a strong
likelihood that the Textile Act would require the second label.
As to the location of such a label, the Textile Act regulations
specify that the label should be attached so that it may be
readily seen by the purchaser when the product is offered and
displayed for sale (See Rule 15(b)). The location which you
propose - the inside of the pocket - would not be a conspicuous
location for Customs purposes, and we suggest that you obtain
advice from the Federal Trade Commission before using it to
satisfy Textile Act requirements.
HOLDING:
The marking of the country of origin on the rear of the
cardboard backer is not acceptable for purposes of 19 U.S.C. 1304
and Part 134, Customs Regulations. The importer is advised to
verify whether this marking alone would satisfy the requirements
of the Textile Fiber Products Identification Act and its
Regulations.
Sincerely,
John Durant
Director, Commercial
Rulings Division