Country of Origin Marking Requirements for Blister PackagedHeadband and Wristband Sets; Conspicuous; FTC; 19 CFR 134.46; 19CFR 134.47; 19 CFR 134.32(d).

HQ 734828 December 17, 1992 MAR-2-05 CO:R:C:V 734828 ER CATEGORY: MARKING Mr. Peter J. Wang Executive Vice President Jefferson Trading Company 520 South Lafayette Park Place Suite 200 Los Angeles, CA 90057 RE: Country of Origin Marking Requirements for Blister Packaged Headband and Wristband Sets; Conspicuous; FTC; 19 CFR 134.46; 19 CFR 134.47; 19 CFR 134.32(d). Dear Mr. Wang: This is in response to your letter of April 2, 1992, in which you request a ruling concerning the country of origin marking requirements, tariff classification and Federal Trade Commission ("FTC") labeling requirements for certain blister packaged headband and wristband sets. This ruling will address the country of origin marking issue. A separate ruling will be issued concerning the classification. The FTC should be contacted for information regarding its labeling requirements. FACTS: The submitted samples are blister packaged for retail sale. The headband is approximately 4.5 cm wide and 40 cm in circumference. The wristbands are approximately 7 cm wide and 14 cm in circumference. The words "U.S. World Cup Team" appear on the front cardboard section of the blister package and appear again on the merchandise contained inside. ISSUE: What are the country of origin marking requirements for blister packaged knitted headband and wristband sets? 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 United States 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 United States the English name of the country of origin of the article. By enacting 19 U.S.C. 1304, Congress intended to ensure that the ultimate purchaser would be able to know by inspecting the marking on the imported goods the country of which the goods are 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, 302 C.A.D. 104 (1940). Part 134, Customs Regulations (19 CFR 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 United States is able to find the marking easily and read it without strain. In cases where a reference to a locality other than the country of origin appears on imported merchandise special marking requirements set forth in sections 134.46 and 134.47, Customs Regulations (19 CFR 134.46 and 19 CFR 134.47) may be triggered. The purpose of both provisions is the same, namely to prevent the ultimate purchaser from being misled or deceived when the name of a country or place other than the country of origin appears on an imported article or its container. The critical difference between the two provisions is that 19 CFR 134.46 requires that the name of the actual country of origin appear "in close proximity" to such words and in lettering of at least comparable size. By contrast, 19 CFR 134.47 is less stringent, providing that when as part of a trade name, trademark or souvenir mark, the name of a location other than the country of origin appears, the name of the actual country of origin must appear in close proximity or "in some other conspicuous location". In other words, the latter provision triggers only a general standard of conspicuousness. However, if either provision is triggered, the name of the country of origin must be preceded by "Made in", "Product of", or other similar words. 19 CFR 134.47 is the applicable provision here since the words "U.S. World Cup Team" is a souvenir mark. Accordingly, the less stringent standard of general conspicuousness is triggered. We find that the container is adequately marked with the words "Made in Hong Kong" which appear on the front of the package, directly below the merchandise which is encased in clear plastic. The marking is sufficiently conspicuous and clearly identifies the origin of the merchandise. Since the container is properly marked with country of origin, pursuant to section 134.32(d), Customs Regulations (19 CFR 134.32(d), the article itself may be excepted from individual marking. HOLDING: Blister packaged headband and wristband sets which have the words "U.S. World Cup Team" appearing on both the merchandise and the cardboard portion of the blister package are properly marked with country of origin so long as the words "Made in Hong Kong", or similar language, conspicuously appear on the front of the blister package. Sincerely, John Durant, Director Commercial Rulings Division