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HQ 733999


April 10, 1991

MAR 2-05 CO:R:C:V EAB 733999

CATEGORY: MARKING

Michael H. Greenberg, Esquire
Sharretts, Paley, Carter & Blauvelt
67 Broad Street
New York, New York 10004

RE: Country of origin marking of garment containing the letters "USA" as part of its design. cotton T-shirt; leather jacket; hang tag; 19 U.S.C. 1304; 19 CFR 134.41(b); 19 CFR 134.46; 712013; 732412; 723604; 733259; 733695; 19 CFR 134.44(c); 719903; 731692

Dear Mr. Greenberg:

This is in response to your letter dated December 7, 1990, on behalf of Avirex Ltd., concerning the country of origin marking requirements of cotton T-shirts and men's leather jackets containing the letters "USA" as part of their design.

FACTS:

The sample cotton T-shirt, style no. 158034, has a fabric label sewn into the neckband, which in 1/8th inch lettering states "Equipment-Type-Avirex Ltd., Authentic Avirex Ltd. Flight Shirts, Specification for Hi Speed Low Level Flight No: 8462, JRC35AC 25MC NYC PB" and has a U.S. Air Force emblem bracketed by "Avirex Ltd." and "L.I.C.N.Y.". Attached to the bottom of that label are two other labels. One of these labels sets forth the fiber content of the T-shirt as "100% cotton," in accordance with Federal Trade Commission regulations, and cleaning and care instructions. The other label sets forth country of origin of the T-shirt in quarter inch black letters on a white background, stating: "Made in Italy." The label's black on white, large size lettering contrasts with the smaller lettering on the "Equipment" label, and it is placed where the ultimate purchaser, the consumer, will look. Although no hang tag is attached to the sample T-shirt, you state that the country of origin of the T- shirt also is disclosed as "Made in Italy" in three-eighths inch black letters on a white background on a sticker affixed to the upper right hand corner of a hang tag containing photos of World War II vintage planes and air cadets, which also has the "Avirex USA" mark with an "R" in a circle following "Avirex" indicating trademark registration. On the front of the T-shirt is a silk screen, multicolor print depicting two bucking broncos with female riders framed in a rectangular reddish brown colored background. The depiction has a heading in large black letters on an off-white background, stating "Avirex U.S.A., Free Strawberry Roan Rodeo, State Fair, Sept. 26-to-Oct. 1". The overall effect is of a poster for that event.

The sample jacket, style no. 204017, commonly known as a varsity jacket, has a green leather body and yellow leather sleeves. Its theme is of a baseball team from Suquamish, Washington, and it has an American Indian motif, presumably because of the Indian derivation of the team's name. On the front right chest panel of the jacket is an "A" with an Indian headdress draped on it. The country of origin of the jacket is set forth on a label sewn into the top of the neck of the garment with in three-eighths inch green letters on an off-white background states: "Made in Korea" and "Fabrique en Coree". Below the country of origin label is a large label stating "Avirex Varsity" on a background of a football field in the green and yellow motif of the jacket. Attached to the bottom of this label is a label stating: "Outershell: 100% Genuine Leather, Lining: 50% Nylon 50% Acetate." Below this label is a large rectangular patch with a picture of the "Suquamish Ball Team 1920" above which is "Avirex [circled "R" indicating trademark registration] Varsity 1991." The snap buttons are die-stamped "Avirex USA Varsity". A hang tag attached to the jacket continues the "Avirex Varsity" motif with pictures of cheerleaders in front of a crowd, football players and a quotation from the gymnasium of the U.S. Military Academy, West Point. There also is a notice in small letters: [circled "c"]1991 Avirex[circled "R"] All Rights Reserved" under a picture of a football player and his girl. The other hang tag gives style, size and color under an inscription "Avirex Varsity" with football with "Avirex Champs" and "19 Div. A. 44" and another copyright notice.

ISSUE:

Whether T-shirts and men's leather jackets of foreign origin bearing sewn-in fabric labels as well as hang tags and having as part of their design the letters "USA" comply with 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. 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 letters "U.S.A." appearing on an imported article may mislead the ultimate purchaser as to the country of origin; thus, in cases where the letters "U.S.A." appear on an imported article or its container, 19 CFR 134.46 provides that there shall appear, legibly and permanently, in close proximity to such letters 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 HQ 733695 (January 15, 1991), "Bonjour Paris" on the rivets of blue jeans that were conspicuously marked by means of a fabric label sewn into the waistband of the jeans did not trigger the requirements of 19 CFR 134.46, i.e., no additional marking was necessary.

In this case, the U.S.A. references on the T-shirt and the jacket are part of the design of the garments and would not confuse the ultimate purchaser as to the country of origin; therefore, the requirements of 19 CFR 134.46 are not triggered. We find that the fabric labels sewn into the neckband of the T- shirt and the fabric label sewn into the inside back panel below the collar of the men's leather jacket are conspicuous, permanent, legible and easily found and read country of origin markings.

You have specifically inquired about the acceptability of the hang tag. (Again, we note that the T-shirt sample has no hang tag, but the jacket does.) Of course, marking an article with a hang tag is simply one of several other acceptable methods, see 19 CFR 134.44(c); i.e., hang tags are not required where an acceptable alternative is used. Where, however, hang tags are additionally used, they must generally comply with the marking requirements. See HQ 719903 (September 8, 1982) and HQ 731692 (July 19, 1989). In this case, and for the same reasons set forth concerning the jacket itself, we find that the lettering on the hang tag would not confuse the ultimate purchaser as to the country of origin of the jacket; therefore, the requirements of 19 CFR 134.46 are not triggered. We can make no findings nor reach a holding with respect to the T-shirt hang tag, since none was attached to the sample.

HOLDING:

The letters "U.S.A." are part of the design of the T-shirt and men's leather jacket and the hang tag attached to the jacket and would not confuse the ultimate purchaser as to the country of origin. As such, they do not trigger the requirements of 19 CFR 134.46. The garments, which are conspicuously marked by means of sewn-in fabric labels, satisfy the requirements of 19 U.S.C. 1304.

Sincerely,

John Durant, Director
Commercial Rulings Division

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