HQ 0732486 - Country of origin marking of garments with the words "Riviera line" displayed - United States International Trade Commision Rulings

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HQ 732486
September 5, 1989

MAR-2-05 CO:R:C:V 732486 KG

CATEGORY: MARKING

Judith Zoldowski
The Cato Corporation
P.O. Box 34216
8100 Denmark Road
Charlotte, N.C. 28234

RE: Country of origin marking of garments with the words "Riviera line" displayed

Dear Ms Zoldowski:

This is in response to your letter of June 16, 1989, requesting a country of origin marking ruling for the "Riviera line" of clothing that you propose to import.

FACTS:

You are proposing the use of a label, crest and hangtag which would contain the words "Riviera Line". The label, hangtag and crest would be attached to imported garments. Sketches of the design of the crest, neck label and hangtag were submitted. The hangtag contains a picture of a cruise ship in the center with two circles around the ship. Below the ship in large bold lettering is the phrase "RIVIERA LINE". The sketch of the label merely shows the phrase "RIVIERA LINE" in large bold lettering and quarter circles drawn on either end of the label. The crest has a large script letter "R" in the center surrounded by a crest with the word "RIVIERA" below the letter "R".

ISSUE:

Whether the use of the phrase "Riviera Line" on imported garments triggers the special marking requirements of 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), 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 United States Court of International Trade stated in Koru North America v. United States, 701 F.Supp. 229, 12 CIT (CIT 1988), "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, 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 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. 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, 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 similar words, in close proximity or in some other conspicuous location.

The crest, hangtag or neck label you propose to use in imported garments would only trigger the special marking requirements of 19 CFR 134.46 if the word "Riviera", as used in the phrase "Riviera Line", designates a locality. The Random House College Dictionary defines "Riviera" as a resort area along the Mediterranean coast, extending from Marseilles, in SE France, to La Spezia, in NW Italy. Because the term "Riviera" designates a specific geographic region, it is a locality within the meaning of 19 CFR 134.46.

However, the triggering of 19 CFR 134.46 has practical significance only for the hangtag. By a Customs Circular letter published as T.D. 54640(6), we held that on and after October 1, 1958, wearing apparel such as shirts, blouses, coats, sweaters, etc. must be legibly and conspicuously marked with the name of the country of origin by means of a fabric label sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area or otherwise permanently marked in that area in some other manner. Therefore, regardless of 19 CFR 134.46, the neck label will have to be marked with the country of origin.

Further, the crest is part of the design of a particular garment. 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 HQ 723604 (November 3, 1983), and HQ 712013 ( 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 appeared. Likewise, in C.S.D. 89-73 (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 HQ 731394 (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. In this instance, if the country of origin is properly marked on the garment, the provisions of 19 CFR 134.46 would not apply to the crest.

In contrast, the hangtag with the phrase "Riviera Line" would trigger the special marking requirements of 19 CFR 134.46. The hangtag must contain the country of origin printed in a conspicuous manner and placed in close proximity to the phrase "Riviera Line".

HOLDING:

The word "Riviera" is a locality within the meaning of 19 CFR 134.46. The hangtag that contains the phrase "Riviera Line" must be marked with the country of origin in a conspicuous manner and in close proximity to the above phrase.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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