HQ 0731614 - Country of origin marking on imported jeans - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0731507 - HQ 0731864 > HQ 0731614

HQ 731614

June 28, 1989

MAR 2-05 CO:R:C:V 731614 pmh

CATEGORY: MARKING

Mr. William J. LeClair
Trans-Border Customs Services
One Trans-Border Drive
Champlain, NY 12919

RE: Country of origin marking on imported jeans

Dear Mr. LeClair:

This is in response to your letter of June 7, 1988 to the U.S. Customs office in New York City, on behalf of your client, Edwin Jeans International (the importer). Your letter, in which you request a ruling on the proposed country of origin marking on imported jeans, has been forwarded to us for response. We apologize for the delay in responding to your request.

FACTS:

You have indicated that the importer will import jeans which will bear the label "LONDON SLIM." You have enclosed a copy of the pocket label that will be stapled to the rear pocket on each pair of jeans at the time of purchase. In a telephone call to one of the attorneys on my staff, you stated that the copy represented the actual size of the pocket label that would be used. Based on the copy, the label appears to be approximately five inches by six inches in size. In letters approximately one inch in size is the label "LONDON SLIM." Just below the words "LONDON SLIM," in letters approximately 1/8 of an inch, are words referring to the fiber content of the jeans and the words "MADE IN JAPAN." Other promotional words also appear on the label.

ISSUE:

Whether the proposed country of origin marking on the subject jeans complies with the requirements of 19 U.S.C. 1304.

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 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41, Customs Regulations (19 CFR 134.41), provides that the marking of an imported product must be conspicuous enough so that the ultimate purchaser will be able to find the marking easily and read it without strain.

After careful review of your submission and examination of the copy of the proposed label, we have concluded that the country of origin marking is sufficiently conspicuous to meet the requirements of 19 U.S.C. 1304. It is our opinion that the words "Made In Japan" are prominently placed beneath the fiber content and that the typical consumer would readily notice the marking in that location. Furthermore, due to the size and boldness of the letters, they are easily read.

As you are aware, section 134.46, Customs Regulations (19 CFR 134.46), requires that when 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 as to the country of origin. However, it is our opinion that although the word "LONDON" appears on the proposed label, under the particular circumstances of this case, the requirements of section 134.46 do not apply.

Customs has often distinguished those special cases in which the circumstances were such that reference to a place other than the country of origin on an imported article would not necessarily confuse the ultimate purchaser as to the true country of origin. For example, in ruling 723604, dated November 3,

1983 and ruling 712013, dated January 16, 1980, Customs held that use of the abbreviation "USA" displayed prominently on imported women's wearing apparel did not trigger the requirements of 19 CFR 134.46 because such marking was used as a symbol or decoration and would not reasonably be construed as indicating the country of origin of the article on which it appears. Likewise, in ruling 731033, dated February 2, 1989, Customs held that an imported man's pullover shirt which prominently displayed the words "Christian Dior, 30 Avenue Montaigne, Paris 75008" across the back, did not invoke the application of 19 CFR 134.46 because the true country of origin of the article was indicated conspicuously on a label inside the neckband. In ruling 731394, dated December 8, 1988, Customs found that the word "VERMONT" on an imported wall planner would not confuse the ultimate purchaser as to the true country of origin of the wall planner and that, therefore, the provisions of 19 CFR 134.46 did not apply.

Similarly, in this case, we find that the country of origin marking is conspicuous; that due to the fact it appears on the pocket label, directly below the fiber content, it would be noticed immediately by the ultimate purchaser and is in lettering of sufficient size and boldness to be easily read. Furthermore, it is our opinion that the words "LONDON SLIM" indicate the style of jeans and would not mislead or deceive the ultimate purchaser with respect to the origin of the clothing.

HOLDING:

Based on all the factors in this case and after careful examination of a copy of the proposed label, we find that the country of origin mark satisfies the requirements of 19 U.S.C. 1304.

Sincerely,

Marvin M. Amernick

Previous Ruling Next Ruling