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HQ 732899

January 25, 1990

MAR-2-05 CO:R:C:V 732899 NL


Jane B. O'Dell
Senior Manager
Peat Marwick Main & Co.
2001 M Street, N.W.,
Washington, D.C. 20036

RE: Hang Tags on Apparel Otherwise Marked with Country of Origin

Dear Ms. O'Dell:

This is in response to your letter of November 17, 1989, in which you request a ruling on the country of origin marking of wearing apparel imported by your client, Patagonia, Inc.


The clothing is imported in sealed polybags. Information as to size, style, care, fabric content, country of origin and the name of the manufacturer is printed on the outside of the bag. You state that the articles are delivered to purchasers in the polybags when sold by mail order, but may be removed from the bags when displayed for retail sale.

As shown by the samples submitted, the articles themselves are marked with their country of origin by means of sewn-in labels. On the sample shirt the label is on the back of the collar, while on the sample shorts and trousers the label is on the waistband. Attached to the clothing is a hang tag which is a rectangle, folded in half and printed on the front side with a picture. The back of the tag is printed with the size of the garment, company name and copyright, and the article's country of origin. The inside of the tag, i.e., inside the folded halves, is printed (in several languages including English), with marketing information, including a statement of company policy and standards, a warranty, a telephone number to call with questions and comments, and addresses to write for a mail order catalogue.

When the clothing is sold in polybags the catalogue
addresses are not visible. When the garment is hung for retail display the addresses are not visible unless the hang tag is opened.


Does 19 CFR 134.46 require that the country of origin of the article appear on the inside of the hang tag next to the addresses to which a purchaser may write for a catalogue?


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.

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), provides that in any instance in which the name of a city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured appears on an imported article or its container, the name of the country of origin of the article shall appear in close proximity and in at least a comparable size, preceded by the words "Made in", "Product of", or other words of similar meaning. The purpose of section 134.46 is to prevent the ultimate purchaser of an article from being misled or deceived as to the country of origin of an article.

Upon examination of the submitted samples, it is our opinion that the marking of the articles' country of origin on the back of the hang tag is in close proximity to the addresses on the inside of the tag, and that the requirements of section 134.46 have been met. Although close proximity is generally interpreted to mean the same surface, same surface marking is not required here because the ultimate purchaser of the apparel will be given a clear indication of the country of origin of the article from the markings on the article itself, the plastic polybag, and on the back of the hang tag, and will likely see these markings before reading the inside of the hang tag. Therefore, the purpose of the regulation is satisfied by marking the country of origin on the back of the hang tag.


The country of origin marking requirements of section 134.46, Customs Regulations, are satisfied if the country of origin of the article is marked on the back side of a hang tag whose inner page contains an address referring to a country other than the country of origin of the article.

The samples you submitted are being returned to you under separate cover.


Marvin M. Amernick
Chief, Value, Special Programs

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