HQ 0733695 - Country of origin marking of garment with references thereon to a place other than the country of origin. 19 CFR 134.41(b); 19 CFR 134.46; 712013; 732412; 723604; 733259. - United States International Trade Commision Rulings

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HQ 733695

January 15, 1991

MAR 2-05 CO:R:C:V EAB 733695

CATEGORY: MARKING

John B. Pellegrini, Esquire
Ross & Hardies
529 Fifth Avenue
New York, New York 10017-4608

RE: Country of origin marking of garment with references thereon to a place other than the country of origin. 19 CFR 134.41(b); 19 CFR 134.46; 712013; 732412; 723604; 733259.

Dear Mr. Pellegrini:

This is in response to your letter dated July 27, 1990, on behalf of Bonjour International, Ltd., concerning the country of origin marking requirements of denim jeans with rivets bearing the name of a locality other than the country of origin. We regret the delay in responding.

FACTS:

Metal rivets are to be attached to three pocket seams on the front of women's trousers. The rivets are die-stamped with the words "Bonjour Paris". The trousers are made in Hong Kong, as set forth on a fabric label sewn into the waistband.

ISSUE:

Whether women's trousers made in Hong Kong and having as part of their design rivets on the pocket seams which are die- stamped with a locality other than the country of origin requires any marking other than the sewn-in waistband label in order to satisfy 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 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. As provided in 19 CFR 134.41(b), the country of origin marking is considered conspicuous if the ultimate purchaser is able to find the marking easily and read it without strain.

The presence of a geographic location other than the country in which the article was produced on an imported article or its container may mislead the ultimate purchaser as to the true country of origin; thus, in cases where the name of a location 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 appears on an imported article or its container, 19 CFR 134.46 provides that there shall appear, legibly and permanently, in close proximity to such words the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning.

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 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 the use of "USA" 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. In HQ 732412 (August 29, 1989), Customs found that the placement of the word "Kansas" on different parts of imported jeans are built into the garment's design and they would not mislead or deceive the ultimate purchaser or in any way connote that Kansas was the place of manufacture. In HQ 733259 (August 3, 1990), Customs determined that patches bearing the names of localities other than the country of origin of the child's pullover knit top onto which they were sewn were included as decoration on the garment and were an integral part of its design; since the garment was conspicuously marked in the center of the neck by means of a sewn-in fabric label in satisfaction of the requirements of 19 U.S.C. 1304, the requirements of 19 CFR 134.46 were not triggered.

In this case, assuming the imported women's jeans are conspicuously marked by means of a fabric label sewn into the waistband of the jeans no other marking is required. The rivets are decoration on the garment and an integral part of the design. The requirements of 19 CFR 134.46 are not triggered.

HOLDING:

Metal rivets which bear a place name other than the country of origin of the imported women's jeans do not trigger the requirements of 19 CFR 134.46. The garment, which is conspicuously marked in the waistband by means of sewn-in fabric label satisfies the requirements of 19 U.S.C. 1304.

Sincerely,

John Durant, Director
Commercial Rulings Division

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