MAR-2-05 CO:R:C:V 732691 KG
David R. Stepp, Esq.
Stein Shostak Shostak & O'Hara
1101 Seventeenth Street, NW
Washington, D.C. 20036-4704
RE: Country of origin marking of imported tote bags and handbags
Dear Mr. Stepp:
This is in response to your letters of August 29, 1989,
September 15, 1989, and April 25, 1990, requesting a country of
origin ruling regarding imported tote bags and handbags.
FACTS:
You have submitted five sample items. The first sample is a
black cloth tote bag about 13 inches by 9 inches. A round patch
about 1 1/2 inches wide with the phrase "Pacific Connections of
California" appears in the center of the tote bag. A fabric
label is sewn into the inseam of the inside of the bag about 4
inches down from the top of the bag. The phrase "Pacific
Connections," about 1/4 inch in height, is printed at the top of
the label, while the phrase "Made in Taiwan," about 1/8 inch in
height, appears at the bottom of the label. A hangtag attached
to the tote bag contains the phrase "Pacific Connections" and the
initials "PC".
The second sample is a multi-colored cloth handbag about 9
inches by 8 inches. The same round patch described above appears
in the center of the flap of the handbag. A fabric label is sewn
into the inseam of the inside of the bag about 3 inches down from
the top of the handbag. The phrase "Made in Taiwan R.O.C." is
printed at the bottom of the label in letters about 1/16 inch in
height. A hangtag attached to the handbag contains the phrase
"Pacific Connections " and the initials "PC".
The third sample is a black cloth tote bag about 10 inches
by 14 inches. The same round patch is in the center of the bag.
There is a hangtag attached with the phrase "Pacific Connections"
printed on it. A fabric label is sewn into the bag near the
center and about 1 1/2 inches down from the top of the bag. The
phrase "Made in China" is about 1/16 inch in height in all
capital letters.
The fourth sample is a florescent pink and black bag about
7 inches by 8 inches. It has the same round patch in the center
and the same country of origin label sewn in about 1/2 inch down
in the center of the bag.
The fifth sample is also a florescent pink and black bag
about 7 inches by 8 inches with a round patch in the center and a
flap closure. The same country of origin label as samples three
and four is sewn in about 1 inch down in the side seam of the
bag.
ISSUE:
Whether the samples described above satisfy the country of
origin marking requirements set forth in section 304 of the
Tariff Act of 1930, as amended.
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. The Court of
International Trade stated in Koru North America v. United
States, 701 F.Supp. 229, 12 CIT ___(CIT 1988), that: "In
ascertaining what constitutes the country of origin under the
marking statute, a court must look at the sense in which the term
is used in the statute, giving reference to the purpose of the
particular legislation involved. The purpose of the marking
statute is outlined in United States v. Friedlaender & Co., 27
CCPA 297, 302, C.A.D. 104 (1940), where the court stated that:
"Congress intended 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."
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Section 134.41, Customs Regulations (19 CFR
134.41), provides that 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.
As noted in your September 15, 1989 letter, C.S.D. 89-91
(March 31, 1989), pointed out that Customs determined in Customs
Circular MAR-2-RM (January 16, 1970), that handbags should be
marked by means of a fabric label sewn to the lining in a
conspicuous place. In that case, the fabric label which was
sewn into the side seam of a suitcase was conspicuous because a
potential purchaser would unzip the luggage and inspect the
interior before making a purchase. Such inspection would
immediately reveal the fabric label sewn into the inner seam.
Further, in HQ 723116 (September 15, 1983), Customs ruled that
the side seam of a handbag was a sufficiently conspicuous place
to attach the fabric label bearing the country of origin marking.
Although 19 CFR 134.41 would permit marking a tote bag and a
handbag with a fabric label sewn into the side seam, the ultimate
purchaser must be able to find the label easily and read the
country of origin marking without strain. The presence of a
reference to a locality other than the country of origin on the
front of these bags makes it particularly important that these
bags be conspicuously marked. In this case, the small size and
height of the lettering on the fabric tag which also contains the
brand label in much larger lettering, and the location of the
fabric label, which is sewn far down into both samples one and
two, make it difficult to read the fabric labels without strain.
The imported tote bag and handbag in this case differ from the
imported luggage in C.S.D. 89-91 which could be unzipped to
reveal the entire inside of the imported luggage. In the
instant case, one cannot read the fabric labels in samples one
and two simply by opening the bags. It would be necessary to
reach inside the bags and examine the fabric labels closely to
see the marking in small letters on the bottom of them.
Therefore, samples one and two are not conspicuously marked and
do not satisfy the country of origin marking requirements of 19
CFR 134.41.
In contrast, the country of origin labels in samples three,
four and five are all easily found by the ultimate purchaser
because they are near the top of the bags and easily visible.
Further, the bold lettering makes it easier to read and see the
country of origin marking. For these reasons, samples three,
four and five satisfy the requirements of 19 CFR 134.41.
You referenced section 134.47, Customs Regulations (19 CFR
134.47), in your letter of August 29, 1989, which is applicable
where the name of a location in the U.S., the phrase "United
States," or "America" appear as part of a trademark, trade name
or as part of a souvenir marking. Section 134.47 requires that
in such case, the article be legibly, conspicuously and
permanently marked to indicate the country of origin. As stated
in the discussion above, we find that samples one and two were
not conspicuously marked but that samples three, four and five
were conspicuously marked.
HOLDING:
Samples one and two are not conspicuously marked and do not
satisfy the country of origin marking requirements of 19 CFR
134.41 or 19 CFR 134.47. Samples three, four and five are
conspicuously marked and satisfy the requirements of 19 CFR
134.41 and 19 CFR 134.47. Therefore, in order to satisfy the
country of origin marking requirements, actual imported articles
must be marked like samples three, four or five.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch