Country of origin marking requirements for camera bags

HQ 731448 July 7, 1988 MAR-2-05 CO:R:C:V 731448 LW CATEGORY: Marking Mr. Leslie Alan Glick Duncan Allen and Mitchell 1575 Eye Street, N.W. Washington, D.C. 20005-1175 RE: Country of origin marking requirements for camera bags Dear Mr. Glick: This is in response to your letter of May 20, 1988, on behalf of your client, Service Manufacturing Corp. (the importer), requesting a ruling on country of origin marking requirements for camera bags and cassette carrying bags. Because we only have examined a sample of the camera bag, it is impossible for us to issue a binding ruling on the cassette carrying bag. FACTS: The camera bags are made in Mexico from U.S. and foreign components. The front flap of the bags are marked with the trademark "Sun Valley," which also happens to be the name of a locality in the U.S. Sewn into the interior of the bag, near its opening is a label marked with the name of the importer and the words "ASSEMBLED IN MEXICO." On the back of the plastic clasp on the bag's front appears the name and U.S. address of the manufacturer of the clasp. These words are printed in the same color as the clasp itself. After importation the importer attaches a label to the strap of the bag. The words "Assembled in Mexico with U.S.A. and Foreign components" appear on the label's bottom beneath a pictue of the camera bag, and a description of its functions. The importer then shrink wraps the bag in clear plastic, and this label is pressed against the front of the bag close to the "Sun Valley" trademark and the clasp. After packing, only the front of the clasp can be seen. ISSUE: Whether the U.S. address on the back of the clasp violates section 134.46, Customs Regulations (19 CFR 134.46)? LAW AND ANALYSIS: Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.1304), requires that every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the - 2 - nature of the article (or its container) will permit in such a manner as to indicate to the ultimate purchaser the English name of the country of origin of the article. Section 134.46, Customs Regulations (19 CFR 134.46), provides that in cases when the words "U.S.," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the U.S., or 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. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser. Notwithstanding the 19 CFR 134.46 issue, the bag is properly marked by use of the hang tag and the interior sewn-in label in accordance with section 134.47, Customs Regulations (19 CFR 134.47). This section requires that when as part of a trademark, the name of a U.S. locality appears, the country of origin must be marked in close proximity or in some other conspicuous location. HOLDING: Country of origin marking regulations are in part directed at concern that the ultimate purchaser be made aware of the country of origin of the imported article. In view of the above considerations, it is our opinion that the bag is conspicuously marked with the country of origin by use of the interior label, and the hang tag. These labels will unmistakenly inform the consumer that the country of origin is Mexico, at the point of sale, and after the plastic shrink wrapping is removed and the bag is opened. Because the U.S. address is not easily noticed, and the bag is otherwise conspicuously marked, the ultimate purchaser will not be deceived as to the country of origin by the U.S. address on the back of the clasp. Therefore, it is not necessary to mark the country of origin on the clasp in close proximity to the U.S. address. Sincerely, Marvin M. Amernick Chief, Value, Special Programs and Admissibility Branch 1cc: CO:R:C:V:LWEDDELL:LDC:7/5/88 Mr. Leslie Alan Glick Duncan Alln and Mitchell 1575 Eye Street, N.W. Washington, D.C. 20005-1175