MAR-2 RR:NC:3:353 D81567
Tine Hoffmeister
TIMI Copenhagen
41 High Rock Road
Sandy Hook, CT 06482
RE: COUNTRY OF ORIGIN MARKING OF AN IMPORTED SCARF.
Dear Mr./Ms. Hoffmeister:
This is in response to your letter dated August 19, 1998,
requesting a ruling on whether the proposed marking "Made in
Korea" is an acceptable country of origin marking for an imported
scarf if another marking "Charlotte Sparre DENMARK" appears on
the article which is a country or locality other than the actual
country of origin of the article. A marked sample was submitted
with your letter for review and is being retained by this office.
The submitted sample is a silk scarf which measures 21
inches x 21 inches and is made in Korea and designed in Denmark.
There is a sewn in label which states "Charlotte Sparre DENMARK"
on one side and states "100% silk" with washing instruction
symbols on the other side. Attached to the sewn in label is a
hang tag which states "Charlotte Sparre DENMARK" on one side and
states "Made in Korea" on the other side. On both the sewn in
label and hang tag the word "Charlotte Sparre" is in script and
the word "Denmark" is in printed capital letters. The statement
"Made in Korea" is in a different print and uses mostly lower
case lettering.
The two contrasting types of print which state "Charlotte
Sparre DENMARK" give the distinct impression that the item is
indicating a location or is a product of Denmark.
The marking statute, section 304, Tariff Act of 1930, as
amended (19 U.S.C. 1304), provides that, unless excepted, every
article of foreign origin (or its container) 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.
Section 134.46, Customs Regulations (19 CFR 134.46), deals
with cases in which the words "United States," or "American," the
letters "U.S.A.," any variation of such words or letters, or the
name of any city or locality in the United States, 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, and those words,
letters or names may mislead or deceive the ultimate purchaser as
to the actual country of origin. In such a case, 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 order to satisfy the close proximity requirement, the
country of origin marking must generally appear on the same
side(s) or surface(s) in which the name or locality other than
the actual country of origin appears. In the instant case, the
sewn in label has no indication as to the country of origin. The
hang tag has the statements "Made in Korea" and "DENMARK" on
reverse sides, and the statements are of different size
lettering.
The proposed marking of the imported scarf, as described
above, does not satisfy the marking requirements of 19 U.S.C.
1304 and 19 CFR Part 134 and is not an acceptable country of
origin marking for the imported scarf. Both the sewn in label
and the hang tag must have "Made in Korea" on the same side where
"DENMARK" appears and all lettering must be of comparable size.
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 CFR Part 177).
A copy of the ruling or the control number indicated above
should be provided with the entry documents filed at the time
this merchandise is imported. If you have any questions
regarding the ruling, contact National Import Specialist Kenneth
Reidlinger at 212-466-5881.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division