MAR-2-05 CO:R:C:V 734531 RSD
Ms. Laura Deniz, Import Manager
Evans and Wood & Co.
P.O. Box 610005
D/FW Airport, Texas 75261
RE: Country of origin marking of a plastic bag used to package
wash clothes; conspicuous; containers; close proximity; 19 CFR
134.41, 19 CFR 134.46
Dear Ms. Deniz:
This is in response to your letter of February 18, 1992,
sent to the Customs District office in Dallas, regarding the
country of origin marking requirements for plastic bags used to
package washcloths, kitchen towels, and other similar products.
The Dallas District forwarded your letter to Customs headquarters
for a response. Accompanying your letter of June 24, 1992, was a
sample plastic bag used to package washcloths for our review.
We regret the delay in responding.
FACTS:
Your client, Win-Tex Products of French Settlement Dallas,
Texas intends to import washcloths, dishcloths, kitchen towels
and other similar products through the port of Dallas. These
products are made in China. The sample package is a plastic bag
designed to contain 12 wash cloths. The front of the package
gives information regarding the number of washcloths in the bag,
12, the fiber, 100% cotton, and the size, 11" x 11". The back
of the bag provides the care instructions. There is also
information that the product is "Distributed by Dayton Hudson
Corporation Minneapolis, Minnesota 55402". The back of the
package also has the bar code. Beneath the bar code is the
country of origin marking, "Made in China". The country of
origin marking is in blue letters of about an 1/8 inch against a
gray background. The reference to the Minneapolis, Minnesota and
country of origin marking can be seen in one viewing of the back
of the package. You also request information on the Textile
Fiber Identification Act.
ISSUE:
Is the sample plastic bag conspicuously marked to satisfy
the country of origin marking law?
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). 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. 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.
In HQ 733940, October 24, 1991, involving the country of
origin marking of pens, we indicated that there are certain
factors that need to be considered in determining if the country
of origin marking on an article is conspicuous within the meaning
of 19 CFR 134.41 and 19 U.S.C. 1304. Among the factors that
should be considered is the size of the marking, the location of
the marking, whether the marking stands out, and the legibility
of the marking. The size of the marking should be such that the
ultimate purchasers can easily see the marking without strain.
The location of the marking should be in a place on the pen where
the ultimate purchaser could expect to find the marking or where
he/she could easily notice it from a casual inspection. Whether
the marking stands out is dependent on where it appears in
relationship to other print on the article and whether it is in
contrasting letters to the background. The legibility of the
marking concerns the clarity of the letters and whether the
ultimate purchaser could read the letters of the marking without
strain. No single factor should be considered conclusive by
itself in determining whether a marking meets the conspicuous
requirement of 19 CFR 134.41 and 19 U.S.C 1304. Instead, it is
the combination of these factors which determines whether the
marking is acceptable. In some cases, a marking may be
unacceptable even when it is in a large size because the letters
are too hard to read or it is in a location where it would not be
easily noticed. In other cases, even if the marking is small, the use of contrasting colors, which make the letters
particularly stand out, could compensate to make the marking
acceptable.
The same factors can be applied to determine if the country
origin marking on the sample plastic bag for the washcloths
satisfies the conspicuous requirement of 19 U.S.C. 1304 and 19
CFR 134.41. In this case, the country of origin is small, less
than an 1/8 inch, but other factors compensate to make it
minimally adequate. We particularly observe that it is in a
contrasting color against its background. We find that the
ultimate purchaser would be able to find the marking from a
casual inspection of the package. A person with normal vision
could read the marking without strain. Accordingly, although the
marking is not to be exemplary, nevertheless we find it to be
acceptable.
We also note that because the plastic bag has the name of a
United States locality, Minneapolis, Minnesota, printed on it the
requirements of 19 CFR 134.46 are triggered. 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 as to the actual origin of the imported
goods. Customs has specifically ruled that in order to satisfy
the close proximity requirement, the country of origin marking
must generally appear on the same side(s) or surfaces(s) in which
the name of the locality other than the country of origin
appears. HQ 708884, April 24, 1978.
In this case, we find that the requirements of 19 CFR 134.46
have been satisfied by the country of origin marking. The
marking is on the same side of the bag and it is in a comparable
size as the name of the locality Minneapolis, Minnesota. It is
also preceded by the words "Made in". Therefore the marking is
acceptable.
You also inquire about the Textile Fiber Identification Act.
Questions regarding the Textile Fiber Identification Act are
within the authority of the Federal Trade Commission, and we
suggest that you contact the Commission. The address is Federal
Trade Commission, Division of Enforcement, 6th and Pennsylvania
Avenue, N.W., Washington, D.C. 20580. HOLDING:
The country of origin marking on the sample plastic bag
satisfies the requirements of 19 CFR 134.41. The country of
origin marking also satisfies the requirements of 19 CFR 134.46.
The country of origin marking on sample bag is therefore
acceptable.
Sincerely,
John Durant, Director
Commercial Rulings Division