Mar-2-05 CO:R:C:V 733909 RSD
John B. Pellegrini, Esq.
Ross & Hardies
529 Fifth Ave
New York, New York 10017-4608
RE: Hang tags on imported wearing apparel containing the names
and U.S. addresses of environmental organizations; 19 CFR 134.46,
hang tags, U.S. addresses, HQ 732690
Dear Mr. Pellegrini:
This is in response to your letter dated November 1, 1990,
requesting a binding ruling on the use of hang tags, to be
attached to imported wearing apparel, with a public service
announcement appearing on the reverse side listing the names and
U.S. addresses of environmental groups. A sample tag was
submitted.
FACTS:
Your client, Bonjour International (Bonjour), imports
wearing apparel, including women's trousers, skirts, and tops.
Bonjour seeks to attach a hang tag to the imported garments. The
front side of the hang tag contains your client's name, several
words, and a depiction of the Eiffel Tower. On the reverse side
of the hang tag a public service announcement appears which
encourages consumers to volunteer their time to aid environmental
causes. The hang tag then lists the names, U.S. addresses, phone
numbers, and the particular interests of four environmental
groups. You indicate that Bonjour places a sewn-in label in the
imported garments which contains the country of origin of the
garment. You believe that the marking is sufficiently
conspicuous to satisfy all requirements of the marking law and
regulations and the hang tag is not misleading because it lists
U.S. addresses.
ISSUE:
Do the U.S. addresses of environmental groups listed on hang
tags attached to imported wearing apparel invoke the requirements
of 19 CFR 134.46?
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 134.41(b), Customs Regulations (19 CFR
134.41(b)), mandates that the ultimate purchaser in the U.S. must
be able to find the marking easily and read it without strain.
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.
We find that the proposed hang tag, with references to names
and addresses of environmental organizations, does not trigger
any special marking requirements because it will not confuse or
mislead an ultimate purchaser as to the origin of the imported
article. The information contained on the hang tags, including
the U.S. addresses, is only in the nature of a public service
announcement urging consumers to get involved in helping the
environment and has nothing to do with where the garment is
manufactured. See HQ 732690, November 28, 1990 ("Smokey Bear".
logo, which contains both the phrase U.S. Forest Service" and
American Camper," followed by "Partners in Fire Protection," is
not misleading and does not trigger any special marking
requirements). The ultimate purchasers should be able to
understand that the names and addresses of environmental groups
are provided to inform them about volunteer opportunities and do
not concern where the garment is made. Assuming that the
garments are otherwise properly marked with the country of origin
in accordance with 19 U.S.C. 1304 and the implementing
regulations of 19 CFR Part 134, then the attachment of these
hang tags containing addresses of environmental groups will not
invoke the requirements of 19 CFR 134.46.
HOLDING:
Assuming that each garment is properly marked with the
country of origin, then the attachment of a hang tag listing the
names and U.S. addresses of environmental groups will not invoke
the requirements of 19 CFR 134.46 because it will not confuse
ultimate purchasers regarding the country of origin of the
garment.
Sincerely,
John Durant, Director
Commercial Rulings Division