Country of Origin Marking for Eyewear; Hang Tags.

HQ 734982 May 4, 1993 MAR-2-05 CO:R:C:V 734982 RC CATEGORY: MARKING Mr. Alvin B. Hutzler, II Cliff Weil, Inc. P.O. Box 427 Mechanicsville, VA 23111 RE: Country of Origin Marking for Eyewear; Hang Tags. Dear Mr. Hutzler: This is in response to your inquiry of January 25, 1993, requesting a ruling on the country of origin marking requirements for imported sunglasses. FACTS: The sunglasses are imported into the U.S. from various countries of manufacture. The frames indicate the country of origin. A submitted sample bears the word "CHINA" in approximately 6 points on the earpiece. (A point is a unit of type measurement equal to 0.01384 inch or nearly 1/72 inch, and all type sizes are multiples of this unit.) A hang tag attached to the glasses indicates the name and address of the importer in the U.S. "Cliff Weil, Inc. Mechanicsville, VA 23111" in approximately 4.5 points. Below the address, you propose to indicate either "Imported from country Indicated on Product" or "IMPORTED FROM COUNTRY INDICATED ON PRODUCT" in approximately 4.5 points. ISSUE: Whether the proposed marking on the sunglasses and on the hang tag satisfy the country of origin marking requirements set forth in 19 U.S.C. 1304 and Part 134, Customs Regulations. LAW AND ANALYSIS: 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. The "country of origin" for marking purposes is defined by section 134.1(b), Customs Regulations (19 CFR 134.1(b)), to mean the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Under section 134.1(d), Customs Regulations (19 CFR 134.1(d)), the "ultimate purchaser" generally is defined as the last person in the United States who will receive the article in the form in which it was imported. Under section 134.41, Customs Regulations (19 CFR 134.41), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. Under section 134.46, Customs Regulations (19 CFR 134.46), in any case in which the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear 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 HQ 734469 (September 22, 1992), Customs ruled that the words "Made in Country Indicated on Sunglasses" appearing on a hang tag directly below the importer's domestic address in black print on a white background in approximately 5 points satisfied the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Here, the country of origin marking is printed on the earpiece. This is a location where an ultimate purchaser would expect to find such a mark prior to purchasing the sunglasses. The country of origin marking is printed in approximately 6 points, in contrasting colors. The marking is both easy to find and read without strain. Therefore, we find the marking to be conspicuous. The facts presented in HQ 734469 are on point with the facts presented here. Therefore, we find the proposed hang tag marking "Imported from Country Indicated on Product" or "IMPORTED FROM COUNTRY INDICATED ON PRODUCT" satisfies the close proximity requirement of 19 CFR 134.46. HOLDING: The proposed method of marking presented in the above facts satisfies the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Sincerely, John Durant, Director