Mar-2-05 CO:R:C:V 734107 RSD
Ms. Shirley Gadol, President
Shirley Gadol Co., Inc.
5801 Northeast 14th Avenue
Fort Lauderdale, Florida 33334
RE: Country of origin marking requirements for NASA flightsuits,
souvenir markings; 19 CFR 134.46, 19 CFR 134.47
Dear Ms. Gadol:
This is in response to your letter dated March 28, 1991,
concerning the country of origin marking requirements for
flightsuits imported from Peru. A sample flightsuit was
submitted and will be returned to you in a separate cover.
FACTS:
Shirley Gadol Company has been contracted by NASA to
manufacture blue flightsuits. The flightsuits will be made in
Peru and will be sold to the U.S. Space and Rocket Center located
in Huntsville, Alabama. The flightsuits are part of the Space
Camp/Space Academy merchandise. It is our understanding that the
flightsuits will be used by participants of the space camp
located in Huntsville, Alabama but will be also sold as souvenirs
to non-participants. The flightsuit has several patches sewn on
it. One patch has the words "NASA visitor center Space & Rocket
Center HUNTSVILLE, ALABAMA." Another patch is round and has a
picture of a rocketship with the writing "U.S. Space Camp
Huntsville ALA." A third patch contains the word NASA. The
flightsuit also has an American Flag patch. The flightsuit also
has a label sewn in the neck area which reads "UNITED STATES
SPACE CAMP Huntsville, ALA." The label also contains a picture
of a rocketship with the words "U.S. SPACECAMP" above the
picture. Below this neck label, there is a second smaller label
attached to it. This label contains information regarding the
style number, fabric content, size, and the country of origin.
The label reads "MADE IN PERU" in blue letters about 1/8 inch
high against the white background of the label. The letters in
the country of origin marking "MADE IN PERU," although easy to
read, are much smaller than the letters of the writing on the
patches and the other neck label above it.
ISSUE:
Do the references to U.S. Space Camp and Huntsville,
Alabama on the patches and the neck label on the flight suit
trigger the requirements of 19 CFR 134.46 or 19 CFR 134.47?
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.
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, Customs Regulations
(19 CFR 134.41), the country of origin marking is considered to
be conspicuous if the ultimate purchaser in the U.S. is able to
find the marking easily and read it without strain.
In addition, section 134.46, Customs Regulations (19 CFR
134.46), requires that when the name of any city or locality in
the U.S., or the name of any foreign country or locality other
than the name of the country or locality in which the article was
manufactured or produced, appear 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.
Customs has ruled that in order to satisfy the close proximity
requirement, the country of origin marking must appear on the
same side(s) or surface(s) in which the name of the locality
other than the country of origin appears (HQ 708994, dated April
24, 1978). The purpose of 19 CFR 134.46 is to prevent the
possibility of misleading or deceiving the ultimate purchaser as
to the origin of the imported article.
Section 134.47, Customs Regulations (19 CFR 134.47),
provides that when as part of a trademark or trade name or as
part of a souvenir marking, the name of a location in the U.S.
appears, the article shall be legibly, conspicuously, and
permanently marked to indicate the name of the country of origin
of the article preceded by the words "Made in," "Product of," or
other similar words, in close proximity or in some other
conspicuous location (emphasis added). In such circumstance, no
comparable size requirement exists.
In HQ 732916, January 26, 1990, Customs ruled that headwear
stitched in yarn with the name of various U.S. locations such as
"Texas," "Yellowstone National Park," "Disneyland," "Carlsbad
Caverns" and the like which were sold to tourists, vacationers,
and others at those locations were souvenir markings which
triggered the exceptions set forth in section 134.47.
In this case, we find that the imported flightsuits used
and/or sold at the camp/space Academy at the U.S. Space and
Rocket Center are souvenirs and that the references to the U.S.
Space Camp, Huntsville, Alabama, and NASA on the sewn in patches
and on the neck label of the flightsuit are souvenir markings.
These words are an important part of the product which help
promote its use and/or sale as a souvenir. Therefore, the
country of origin marking must satisfy the requirements of 19 CFR
134.47 which means it must be in close proximity to the souvenir
marking or in some other conspicuous location, and preceded by
the words "Made in,""Product of," or other similar words.
We note that Customs has previously ruled that wearing
apparel such as shirts, 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 neck midway between the shoulder seams or in
that immediate area. See T.D. 54640(6). Because the country of
origin marking is on a fabric label sewn in on the back of the
neck area, and can be read easily without strain, we find that it
is conspicuous. Furthermore, because the souvenir markings on
the flightsuits trigger the requirements of 19 CFR 134.47 rather
the requirements of 19 CFR 134.46, the country of origin marking
need not be in comparable sized letters as the souvenir markings.
Accordingly, the requirements of 19 CFR 134.47 are satisfied and
the country of origin marking on the flightsuit is acceptable.
HOLDING:
References to the United States Space Camp and Huntsville,
Alabama on the patches and label of the flightsuits are souvenir
markings which trigger the requirements of 19 CFR 134.47 rather
than 19 CFR 134.46. The country of origin marking on the sewn in
label in the neck area is conspicuous and satisfies the
requirements of 19 U.S.C. 1304 and 19 CFR 134.47.
Sincerely,
John Durant, Director
Commercial Rulings Division