HQ 0734876 - Country of Origin Marking; Jackets; Conspicuous; Location; Label; TD 54640(6); 19 CFR 134.46; 19 CFR 134.47; Comparable Size; U.S. Reference Part of Design of Garment. - United States International Trade Commision Rulings

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HQ 734876
May 6, 1993

MAR-2-05 CO:R:C:V 734876 ER

CATEGORY: MARKING

Frank J. Schuchat, Esq.
Robert P. Parker, Esq.
Paul, Weiss, Rifkind, Wharton & Garrison
1615 L Street, NW
Washington, DC 20036-5694

RE: Country of Origin Marking; Jackets; Conspicuous; Location; Label; TD 54640(6); 19 CFR 134.46; 19 CFR 134.47; Comparable Size; U.S. Reference Part of Design of Garment.

Dear Messrs. Schuchat and Parker:

This is in response to your letter dated October 2, 1992, on behalf of your client, Nirock International, Inc. ("Nirock"), in which you request a ruling concerning the country of origin marking requirements for certain imported jackets.

FACTS:

Nirock, an importer of fashion apparel and accessories, plans to import jackets made in China that have sewn-in labels bearing the logo "GANT American Collection." The logo labels will be permanently affixed to the inside of the jacket's collar, immediately above the country of origin label. The country of origin label will be permanently affixed to the inside of the collar, halfway between the shoulder seams, such that the origin notice is facing outward -- that is, the country of origin is visible without manipulation of the label. The garment care label will be underneath the country of origin label. A larger "GANT American Collection" insignia will be embroidered on the back panel of the jacket as part of the design of the garment.

The lettering on the country of origin label is in block style and measures approximately 1/8 inch in height. The legend, "Made in China", measures approximately 7/8 inch in length. The lettering in the words "American Collection" on the logo label designed to appear in the neck area of the jacket is in script style and measures approximately 1/8 inch in height and approximately 2.5 inches in length. The letters "A", "C" and the "l's" are twice the height of any letter in the origin label. You state that the lettering to be embroidered on the back panel of the jacket measures approximately 1/4 inch in height. Samples of the logo label for the neck area of the garment, garment care instructions and country of origin label were submitted with the ruling request. No sample was received of the embroidered jacket with labels attached.

ISSUE:

What are the country of origin marking requirements for jackets imported from China which feature the words "GANT American Collection" on a label attached in the inside neck area of the jacket as well as on the rear panel of the jacket?

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 (or its container) imported into the United States 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 United States the English name of the country of the article. Part 134, Customs Regulations (19 CFR 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

The primary purpose of the country of origin marking statute 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." United States v. Friedlaender & Co., 27 C.C.P.A. 297, C.A.D. 104 (1940). As provided in section 134.41(b), Customs Regulations (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. Section 134.1(d), Customs Regulations (19 CFR 134.1(d)) defines the "ultimate purchaser" generally as the last person in the United States who will receive the article in the form in which it was imported.

Relevant to your inquiry is whether the words "GANT American Collection" embroidered on the rear panel of the jacket and appearing on a label to be attached in the neck area of the jacket are potentially misleading to the ultimate purchaser as to the actual country of origin of the imported article. In cases where a reference to a locality other than the country of origin appears on imported merchandise, special marking requirements set forth in sections 134.46 and 134.47, Customs Regulations (19 CFR 134.46 and 19 CFR 134.47) may be triggered. The purpose of both provisions is the same, namely to prevent the ultimate purchaser from being misled or deceived when the name of a country or place other than the country of origin appears on an imported article or its container. The critical difference between the two provisions is that section 134.46, Customs Regulations (19 CFR 134.46) requires that the name of the actual country of origin appear "in close proximity" to such words and in lettering of at least comparable size. By contrast, section 134.47, Customs Regulations (19 CFR 134.47) is less stringent, providing that when as part of a trade name, trademark or souvenir mark, the name of a location other than the country of origin appears, the name of the actual country of origin must appear in close proximity or "in some other conspicuous location". In other words, the latter provision triggers only a general standard of conspicuousness. In either case, the name of the country of origin must be preceded by "Made in", "Product of", or other similar words.

No information was provided regarding the application of 19 CFR 134.47, hence, for purposes of this ruling we will assume that the words "GANT American Collection" are not part of a trade mark or trade name. Consequently, the more stringent standard of conspicuousness of 19 CFR 134.46 applies. In your submission you state that the "GANT American Collection" label destined for the neck area will be featured one inch above the country of origin label and in lettering of equal size. Affixed in this manner, you assert that the country of origin label displaying the words "Made in China" is visible without any manipulation of labels. This is the requisite location for country of origin labels for shirts, t-shirts, jackets and the like, as described in T.D. 54640(6). Therefore, based on your description that the country of origin label will be affixed in the inside center of the neck area, midway between the shoulder seams or in that immediate area, we find that the location requirement is satisfied.

However, a comparison of the lettering size on the country of origin label and the words "American Collection" on the logo label destined for the neck area, reveals that the comparable size lettering requirement set forth in 19 CFR 134.46 is not met. While some of the letters in the country of origin legend and the logo are of the same height, the overall effect is that the words "American Collection" are much more visible than are the words "Made in China". This is because the words "American Collection" are featured in a slanted script style and are more widely spaced than the block style letters in the country of origin label. Also, the letters "A", "C" and the "l's" are twice the height of any letter in the origin label. Consequently, to comply with 19 CFR 134.46, either the letters in the country of origin label will have to be enlarged to be at least comparable in size (height and width) to those in the logo, or the letters in the logo will have to be reduced to be no larger (height and width) than the letters in the country of origin.

Customs finds that the "GANT American Collection" insignia (to be embroidered on the rear panel of the jacket) is part of the design of the garment and falls within the ambit of those cases distinguished by Customs where reference to a country or a locality other than the country of origin on an imported article (or its container) is found unlikely to confuse the ultimate purchaser as to the country of origin of the article. For example, in HQ 723604 (November 3, 1983) and HQ 712013 (January 16, 1980), Customs determined that the letters "USA" displayed on imported men's bikini-style swimming trunks did not trigger the requirements of 19 CFR 134.46 because such marking was used as a symbol or decoration and would not be reasonably construed as indicating the country of origin of the article on which it appeared. See also, HQ 733259 (August 3, 1990) and HQ 733695 (January 15, 1991).

HOLDING:

The "Gant American Collection" insignia appearing on the back panel of the imported jackets is part of the design of the garments and does not trigger application of 19 CFR 134.46. However, the logo, "American Collection", featured on the label inside the neck/shoulder area of the garments does trigger the requirements described in 19 CFR 134.46. In order to meet these these requirements, the country of origin label or the logo inside the neck/shoulder area of the garment must be altered to comply with the comparable letter size standard, as described above in the ruling.

Sincerely,

John Durant, Director
Commercial Rulings Division

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