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NY 808665

April 28, 1995

MAR-2 S:N:NV:354 808665


Ms. Diane Stehl
Wells Lamont
6640 West Touhy Avenue
Niles, IL 60714-4587


Dear Ms. Stehl:

This is in response to your letter received by this office on March 29, 1995, requesting a ruling on whether the proposed marking "Hang Tag Label" is an acceptable marking for the content label attached to imported gloves. A marked sample glove was not submitted with your letter for review. You did send us copies of existing hang tags.

According to your letter Wells Lamont currently uses a sewn in label as well as a Hang Tag Label which both indicate the country of origin. You have inquired about using the hang tag only.

The hang tags appear to be constructed of heavy paper or very light cardboard. The hang tags for the cotton gloves are designed to be folded over so that the front side is longer. On the front side the following information is provided: company name, material used, size, UPC information and style #. On the shorter back side is the company name and address, the country of origin, the words "Gloves that fit...Quality that lasts" and the fiber content. A staple is used to affix the folded hang tag and hold the pair of gloves together.

The copy of the hang tag for the leather palm gloves is not a label which is folded. The tag is stapled to one glove and a clip is used to hold the pair together. The front side of the tag shows the company name, material used, size, UPC information and style # along with other descriptive information. The back side of the label has the company name, address and country of origin at the bottom.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate 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 or her will. United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302, C.A.D. 104 (1940).

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than 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.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

Customs has previously ruled that work and garden gloves may be marked with the country of origin by means of folded cardboard or heavy paper hang tags which are securely stapled to the cuffs, as long as the country of origin is shown in a legible and conspicuous manner, and in compliance with 19 CFR 134.46. HRL 731061 dated July 28, 1988, and T.D. 75-222 dated September 4, 1975.

The front of the tag is what attracts the ultimate purchasers attention. If there is no other country of origin marking on the glove, the country of origin must be marked on the front of the securely affixed hang tag in reasonable proximity to the glove size, to be considered conspicuous. In cases where the company's U.S. address remains on the back of the hang tag, the country of origin must also be marked on this side in compliance with 19 CFR 134.46.

It should be noted that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning fiber content labelling requirements are covered under the Textile Fiber Products Identification Act. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, as to whether the proposed marking satisfies such requirements.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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