Acceptable country of origin marking of labels marked "Madein the Whole Wide World"; close proximity; 19 CFR 134.46 Dear Ms. Kolstad:

HQ 734850 February 17, 1993 Mar-2-05 CO:R:C:V 734850 AT CATEGORY: Marking Sharon Kolstad Import Customs Specialist The Department Store Division of Dayton Hudson Corporation 700 on the Mall, Box 760 Minneapolis, MN 55402 RE: Acceptable country of origin marking of labels marked "Made in the Whole Wide World"; close proximity; 19 CFR 134.46 Dear Ms. Kolstad: This is in response to your letter dated October 1, 1992, requesting a ruling regarding imported young men's wearing apparel. Sample labels indicating the manner in which these articles will be marked with the country of origin were also submitted with your letter. FACTS: Your company intends to import various young men's wearing apparel from various countries. You state that each apparel article is to be marked in the same manner as indicated on the sample labels. The sample label is comprised of two labels. The first, or top label is marked with the phrase "Made in the Whole Wide World" in 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). The second label, or bottom label, is attached directly below the first label and marked with the country of origin "Made in ______" in comparable size lettering. The size, fiber content and RN number also appears on the second label. You state that the phrase "Made in the Whole Wide World" is intended to be just a generalization, not a replacement for the country of origin destination since the country of origin will be marked directly below this phrase. ISSUE: Does the proposed marking of the sample labels marked in the manner described above satisfy the country of origin marking requirements of section 304 of the Tariff Act of 1930, as amended and Part 134? 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 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). 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 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. 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. In our opinion, the special marking requirements set forth in section 134.46 are triggered by the phrase "Made in the Whole Wide World" printed on the first label directly above the country of origin marking. Even though the phrase, "Whole Wide World" does not indicate a specific country or locale, we think it is sufficiently suggestive that the special marking requirements of section 134.46 must apply. Accordingly, the actual country of origin of the wearing apparel must appear in close proximity to the phrase "Made in the Whole Wide World" and in lettering of at least a comparable size. In this case, a second label marked with the country of origin "Made in ______" is attached directly below the phrase "Made in the Whole Wide World" in lettering of at least a comparable size. Therefore, the marking on the second label satisfies the close proximity and comparable size requirements provided in 19 CFR 134.46. Provided that the proposed marking is conspicuously and permanently attached to the wearing apparel, the marking requirements set forth in 19 U.S.C. 1304 and 19 CFR 14.46 are satisfied. HOLDING: The proposed country of origin marking on the submitted sample labels, as described above, satisfies the marking require- ments of 19 U.S.C. 1304 and section 19 CFR 134.46, provided that the marking is conspicuously and permanently attached to the imported young men's wearing apparel. Sincerely, John Durant, Director Commercial Rulings Division