MAR-2-05 CO:R:C:V 731692 KG
Area Director of Customs
JFK Airport, Bldg. 178
Jamaica, New York 11430
RE: Application for Further Review of Protest No. 1001-7-003992
Dear Sir:
This protest, dated March 23, 1987, is against a finding
that imported cotton blouses were not properly marked with the
country of origin and the assessment of 10% marking duties.
FACTS:
Under entry no. 86-652154-5 of June 27, 1986, Ind Fashions
of N.Y. imported women's cotton blouses from India. A marking
notice was issued July 7, 1986, requiring the importer to either
mark hang tags with the country of origin or remove the hang
tags. The import specialist noted that the hang tags attached to
the garments had a New York address on them. The importer
certified on July 14, 1986, that he had complied with the notice.
Upon examination by ISET-NY Seaport on August 7, 1986, only 17
cartons of the 302 carton shipment had not been released and the
remaining 17 cartons were not in compliance with the country of
origin marking statute. The importer's position is that the
marking in the neck of the blouses satisfies the country of
origin marking requirement. The importer does not acknowledge
the presence of the hang tags. The Customs inspector noted that
the 17 cartons were not in compliance with 19 U.S.C. 1304 and
retained a sample of the improperly marked goods.
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).
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 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 article.
Imported garments that have hang tags with U.S. addresses
attached are required by 19 CFR 134.46 to have the country of
origin marked on the hang tag in close proximity to the U.S.
address. This requirement is in addition to the requirement set
forth in a Customs Circular letter published as T.D. 54640(6),
which held that on and after October 1, 1958, wearing apparel
such as shirts, blouses, coats, sweaters, etc. must be legibly
and conspicuously marked with the name of the country of origin
by means of a fabric label sewn or otherwise permanently affixed
on the inside center of the neck midway between the shoulder
seams or in that immediate area or otherwise permanently marked
in that area in some other manner.
While the blouse may have been properly marked with the
country of origin on the garment, because of the presence of a
hang tag indicating a U.S. city, the possibility of misleading or
deceiving the ultimate purchaser exists as to the actual origin
of the garment. Therefore, Customs correctly advised the
importer that to comply with 19 CFR 134.46, the hang tag would
have to be marked with the country of origin of the garment in
close proximity and in at least a comparable size to the name of
the U.S. city or, in the alternative, to remove the hang tags
from the garments. The importer certified to Customs that he
complied with the notice.
In this case, the importer does not acknowledge the presence
of a hang tag. However, the Customs inspector asserted that
there was a hang tag on the garment and retained a sample garment
which has a hang tag atached to it. Although the importer
certified that he would properly mark the hang tags or remove
them from the garments, he did not submit any evidence or proof
that the garment did not have a hang tag or that the hang tag was
removed.
HOLDING:
The assessment of marking duties was proper because the
blouses were not marked in accordance with 19 U.S.C. 1304 and 19
CFR 134.46.
In view of the foregoing, the protest should be denied. A
copy of this ruling should be attached to the Form 19, Notice of
Action, to be sent to the importer.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch