MAR-2-05 CO:R:C:V 734562 AT
Mr. Mark Harris
Accessory Coordinator
Umbro U.S.A.
25 East Court Street
Greenville, South Carolina 29601
RE: Country of origin marking of imported soccer bags;
conspicuous; U.S. locality; close proximity; 19 CFR 134.46;
C.S.D. 89-91; HQ 732412; HQ 723604
Dear Mr. Harris:
This is in response to your letter requesting a country of
origin ruling regarding imported soccer bags. A sample soccer
bag was submitted with your letter for review.
You indicate that your company intends to import soccer bags
from various countries decorated with phrases that incorporate a
country name other than the country of origin. The sample is a
multi-colored nylon bag with zippers at the top and left side
panel. A hand strap and shoulder strap are also attached to the
top and side panels of the bag. The phrase "USA 94" is printed
on the top panel of the bag in blue lettering. The side panels
of the bag are printed with the phrase "USA Umbro 1994" in red
lettering. The phrase "94 to America" appears on the bottom of
the bag in white lettering. The phrases employed on the bag are
screen printed onto the bag in various print sizes and types. A
fabric label is sewn into the inseam of the bag about 5 inches
down from the top of the bag. The words "Charlestown, MA" are
printed on the middle of the label in purple lettering
approximately 4.5 point (a point is a unit of type measurement
equal to 0.01384 inch or nearly 1/72 in., and all type sizes are
multiples of this unit). Directly below, on the bottom of the
label, the words "Made in Taiwan, R.O.C." are printed in purple
lettering approximately 6 point.
ISSUE:
Whether the country of origin marking on the sample soccer
bag, as described above, satisfies the marking requirements set
forth in section 304 of the Tariff Act of 1930, as amended.
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, C.A.D. 104 (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, 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.
In C.S.D. 89-91 (March 31, 1989), Customs determined 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 inside 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. Similarly, in this case, a potential purchaser of the
soccer bag would unzip the bag in order to inspect the interior
before making a purchase. Based upon a visual examination of the
bag, we find that the fabric label marked with the country of
origin could be easily found by an ultimate purchaser upon
opening the bag since the label is not deep inside the bag and is
marked with the country of origin "Made in Taiwan, R.O.C." in a
letter size (approximately 6 point) which is legible and can be
easily read without strain.
The second issue presented in this case is whether the
marking "Made in Taiwan, R.O.C." printed on the label is an
acceptable country of origin marking due to the fact that U.S.
references appear on both the fabric label and outside panels of
the bag (top, side panels and bottom).
In determining whether the marking is acceptable, Customs
will take into account the presence of words or symbols on an
article which may mislead the ultimate purchaser as to the
country of origin. Consequently, if the words "United States,"
or "America," the letters "U.S.A.," any variation of such words
or letters, or the name of any city or locality other than the
country of origin appear on the imported article, special marking
requirements are triggered.
Section 134.46, Customs Regulations (19 CFR 134.46),
requires that when the name or city 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.
The application of the special marking requirements set
forth in section 134.46 is triggered by the presence of the words
"Charlestown, MA" printed on the fabric label and the phrases
"USA 94" printed on the top, "USA Umbro 1994" printed on the side
panels" and "94 to America" printed on the bottom of the bag.
Examination of the fabric label reveals that the country of
origin marking "Made in Taiwan" printed directly below in
lettering approximately 6 point is in close proximity to the U.S.
reference "Charlestown, MA" printed in lettering approximately
4.5 point and is in at least a comparable size. Accordingly, the
fabric label satisfies the marking requirements of section 134.46
and it is an acceptable country of origin marking.
With respect to the U.S. references printed on the outside
panels of the bag, as described above, we find that the special
marking requirements set forth in section 134.46 are not
triggered. In HQ 732412 (August 29, 1989), Customs considered
whether jeans with the word "Kansas" on a fabric label attached
to the rear right pocket "Kansas Jean" on rear pocket snaps,
"Kansas" and "Kansas Jeans Navy Wear" printed on a leather label
attached to the front right pocket, and a stylized "K" and the
word "J. Kansas" decorating the front button, but marked with
their country of origin on a fabric label sewn to the waistband,
met the country of origin marking requirements of 19 CFR 134.46.
Noting that Customs often distinguished those special cases in
which the circumstances were such that reference to a place other
than the country of origin on an imported article would not
confuse the ultimate purchaser as to the true country of origin,
i.e., design/decoration use of locality name, and finding that
the country of origin marking was conspicuous in that it appeared
in a usual place, in lettering sufficient to be easily found and
read, Customs determined that the U.S. references did not trigger
the marking requirements of section 134.46. See also, HQ 723604
(November 3, 1983) ("USA" letters on men's bikini-style swimming
trunks did not trigger marking requirements of 19 CFR 134.46
because such marking was used as a symbol or decoration and
would not be reasonably construed as indicating the country of
origin of the article).
Similarly, in this case, we find that the U.S. references
printed on the outside panels of the soccer bag would not be
reasonably construed by the ultimate purchaser as being the
country of origin of the bag but would in fact only be considered
as being part of the design of the bag itself. Also, as stated
above, the bag is conspicuously marked with the country of origin
by means of a fabric label sewn into the inseam of the bag.
Accordingly, the special marking requirements provided in
section 134.46 are not triggered.
HOLDING:
The submitted sample soccer bag marked with the country of
origin, in the manner described above, satisfies the country of
origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part
134.
Sincerely,
John Durant, Director
Commercial Rulings Division