HQ 0733129 - Country of origin marking of imported wearing apparel - United States International Trade Commision Rulings

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HQ 733129
May 30, 1990

MAR-2-05 CO:R:C:V 733129 KG

CATEGORY: MARKING

John B. Pellegrini, Esq.
Ross & Hardies
529 Fifth Avenue
New York, N.Y. 10017-7075

RE: Country of origin marking of imported wearing apparel

Dear Mr. Pellegrini:

This is in response to your letter of February 7, 1990, requesting a country of origin ruling regarding imported wearing apparel which will have labels and hangtags depicting the Eiffel Tower attached to the exterior of the garments.

FACTS:

You have submitted for examination samples or illustrations of different hangtags and labels that your client proposes to attach to the exterior of imported women's trousers, outerwear and tops which are not made in France. Some of the labels and hangtags include a depiction of the Eiffel Tower, one of the most well known attractions in France. In addition, all the labels contain the French word "bonjour" and other French words together with English words. No locality, city name or country name appears on the hangtags or labels.

One of the samples is a fold-over fabric label which contains the word "bonjour" at the top of the label, and below that the size, fabric content, and country of origin of the garment. On the back side of the label, the laundering instructions are provided.

Your client intends to mark each garment with its country of origin in a prominent location. The trousers would be marked with fabric labels sewn into the center of the waistband. The other garments would be marked with fabric labels sewn into the center of the neckband.

ISSUE:

Whether the samples described above, which contain French words and/ or depictions of the Eiffel Tower on the exterior of imported wearing apparel which is not made in France, trigger any special marking requirements.

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. The Court of International Trade stated in Koru North America v. United States, 701 F.Supp. 229, 12 CIT (CIT 1988), that: "In ascertaining what constitutes the country of origin under the marking statute, a court must look at the sense in which the term is used in the statute, giving reference to the purpose of the particular legislation involved. The purpose of the marking statute is outlined in United States v. Friedlaender & Co., 27 CCPA 297 at 302, C.A.D. 104 (1940), where the court stated that: "Congress intended 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."

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. 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 in the U.S., or the name of any foreign country or locality other than the country of origin, appears on an imported article in such a way as to be misleading to the ultimate purchaser, special marking requirements are triggered. Section 134.46, Customs Regulations (19 CFR 134.46), requires that in such case, the name of the country of origin must appear legibly, permanently, and in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin must appear preceded by "Made in,""Product of," or other words of similar meaning.

Section 134.47, Customs Regulations (19 CFR 134.47), provides that when as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the U.S. appears, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by the words "Made in," "Product of," or other similar words, in close proximity or in some other conspicuous location. In such circumstances, no comparable size requirement exists. All of the samples have French words and/or a picture of the Eiffel Tower on them as part of the design.

The language of both 19 CFR 134.46 and 19 CFR 134.47 clearly state that the name or abbreviation of a place or location other than the country of origin trigger special marking requirements. In this case, none of the samples contain any references to any place or location other than the country of origin. The mere presence of words in a foreign language without any mention of a foreign place or locality other than the country of origin would not trigger the special marking requirements of 19 CFR 134.46 or 19 CFR 134.47. Some of the samples contain a depiction of the Eiffel Tower, which is a symbol and not a name of a place or locality. In HQ 729475 (March 4, 1988), Customs stated that the presence of symbols associated with a country other than the country of origin may mislead the ultimate purchaser as to the country of origin, particularly when the foreign symbols are more prominent than the country of origin marking. A variety of British symbols on an imported article originating in Taiwan was discussed in HQ 729096 (January 2, 1986). In that case, Customs ruled that the presence of foreign symbols associated with a country other than the country of origin which were particularly prominent rendered an otherwise acceptable marking inconspicuous. Therefore, although neither the requirements of 19 CFR 134.46 or 19 CFR 134.47 are triggered by the depiction of the Eiffel Tower on these samples, the country of origin marking must be conspicuous in light of the depiction of the Eiffel Tower and the French words. Because your client intends to mark these imported items which have French words and depictions of the Eiffel Tower in very prominent locations and because it is unlikely that a reasonable retail consumer would be misled by the presence of the French words and/ or symbols described above to believe that the garments were manufactured in France, the country of origin marking is conspicuous. This case is distinguishable from the articles in HQ 729096 which prominently displayed a variety of British symbols both on the articles and on their containers which were far more prominent than the country of origin marking. The French words and/or symbols here appear only on the one hangtag or label and are not particularly prominent.

Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), requires that the ultimate purchaser must be able to find the country of origin marking easily and read it without strain. You stated that you intend to mark all the imported trousers in the center of the waistband and all the other garments in the center of the neckband. The provisions of 19 CFR 134.41(b) would be satisfied if the wearing apparel containing one of the samples described above, is properly and conspicuously marked with its country of origin in the inside top-center of the waistband of the pants or in the inside top-center of the neck collar of the other garments.

HOLDING:

The depiction of the Eiffel Tower and words in a foreign language on fabric labels and hang tags without any reference to a place or location does not trigger the requirements of 19 CFR 134.46 or 19 CFR 134.47 but does require that the country of origin marking be conspicuous in light of the prominence of the foreign symbol. Because these imported articles will be marked with the country of origin in very prominent locations, the provisions of 19 U.S.C. 1304 and 19 CFR Part 134 are satisfied.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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