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NY G85733

February 9, 2001

MAR-2 RR:NC:3:353 G85733


Ms. Janie Ogg
Phoenix Int’l. Freight Services, Ltd.
10801 N. Panama Ave.
Kansas City, MO 64153-1205


Dear Ms. Ogg:

This is in response to your letter dated January 5, 2001, on behalf of B&M Associates of Destin Florida D/B/A Adams Fashion Headwear, requesting a ruling on whether the proposed marking “Made in Bangladesh” or “Made in China” is an acceptable country of origin marking for imported caps if another marking “Adams®, New York Paris Milan, Upscale Fashion Headwear” appears on the article, which is a country or locality other than the actual country of origin of the article. A marked sample was submitted for review and will be returned to you.

The submitted sample is a baseball-style cap that has a folded label, measuring approximately 1 x 1¼ inches, sewn to the inside band, which reads “Made in Bangladesh” along with the fiber content; the reverse side has care instructions. The lettering is black and is approximately 2/32 of an inch in height. You indicate that Chinese origin merchandise will be labeled “Made in China.” There is another label, measuring approximately 2½ x 1¼ inches, sewn to the inside band, which reads “Adams®, New York Paris Milan, Upscale Fashion Headwear.” The lettering is blue, except for “New York Paris Milan,” which is contrasting green and approximately 3/32 of an inch in height. In addition, there is a hangtag, measuring approximately 5 x 1½ inches, attached to the outside crown of the cap, which reads “Adams®, New York Paris Milan” on both sides. The lettering measures approximately ¼ of an inch in height on one side and 2/32 of an inch on the other side. There is no country of origin indicated in either side of the hangtag.

The wording “Adams®, New York Paris Milan, Upscale Fashion Headwear” gives the distinct impression that the item is from New York, Paris or Milan.

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 to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases 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, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, 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. In the instant case, the country of origin is printed in black 2/32-inch lettering on one label, while the words “New York Paris Milan” are in a contrasting green color and in slightly larger 3/32-inch lettering. When viewed, the statement “New York Paris Milan” is much more visible than the statement “Made in Bangladesh” or “Made in China.” In addition, the hangtag does not indicate the country of origin.

The proposed marking of the imported cap, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported cap. The country of origin label is not in close proximity to the label naming the cities, and the lettering is not of comparable size and print. In addition, there is no indication on the hangtag of country of origin, which must be in close proximity to the names of the cities.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 212-637-7084.


Robert B. Swierupski

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