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HQ 735019


June 28, 1993
MAR-2-05 CO:R:C:V 735019 ER

CATEGORY: MARKING

Ms. Gloria Arellanes
Manager, Import Administration
Levis Strauss & Co.
Levi's Plaza, P.O. Box 7215
San Francisco, CA 94120

RE: Country of Origin Marking; Garments; Conspicuous; Location; Label; 19 CFR 134.47; Comparable Size; U.S. Reference Part of Registered Trademark.

Dear Ms. Arellanes:

This is in response to your letter dated February 10, 1993, in which you request a ruling concerning the country of origin marking requirements for certain imported garments, such as pants, jackets, shirts, skirts and the like. Samples of a denim jacket and a pair of denim jeans were submitted with the request.

FACTS:

The trademarks, Reg. No. 1,140,853 (Two horse brand) and Reg. No. 928,351 (Button/Rivet design) include the wording "San Francisco, CAL." and "S.F.CAL." The "Button/Rivet" trademark is featured in raised lettering on buttons and rivets which are sewn onto the garments. The "Two horse brand" trademark generally is embossed onto a leather or leather-like label. The labels are sewn onto the back of the waistband or on the inside fly panel of jeans and inside the mid-shoulder area of jackets. Samples were not submitted of the other types of garments, but, presumably, skirts and pants are labeled in a manner similar to the jeans and shirts are labeled in a manner similar to the jackets.

On certain of the submitted samples of embossed labels in addition to the trademarked language, the words "Made in U.S.A." appear in the lower right corner just above size information. On the sample garments enclosed, both of which are foreign-made and are labeled with country of origin by means of sewn-in hang tags (inside center of neck area between shoulders of the jacket and on the inside waistband area of the jeans), the embossed labels have the words "Made in U.S.A." marked out with ink. By telephone conversation on June 11, 1993, Levis informed Customs that the labels with inked out reference to "Made in U.S.A." are attached to the sample jeans and jacket only for the purpose of providing Customs with an understanding of where the labels will be located on the garments. For purposes of future importations, only those labels which do not display the words "Made in U.S.A." will be sewn onto garments of foreign origin. Levis also assured Customs that such labels will not be used on foreign garments even if the "Made in U.S.A." legend is marked out.

ISSUE:

What are the country of origin marking requirements for certain imported garments which feature a U.S. reference as part of a registered trademark?

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 garments are properly marked with country of origin in view of the presence of certain trademarked language, "San Francisco, CAL." or "S.F.CAL.", which appears on labels, buttons and rivets on the garments. 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. In the instant case, since the references to U.S. locations are part of registered trademarks, only the general standard of conspicuousness in 19 CFR 134.47 is triggered.

As described above, the jacket and jeans are marked with country of origin in the usual locations. This manner of marking is sufficiently conspicuous in view of the placement of the country of origin labels and the ease with which they can be read. C.f. HQ 735085 (June 4, 1993) (where Customs found that the usual country of origin marking was not conspicuous in view of the size and number of U.S. references appearing on the article). Accordingly, Customs finds that the requirements of 19 CFR 134.47 have been satisfied and that the jeans and jacket are properly marked with country of origin. Although no samples were submitted of the shirts and pants, so long as they too are conspicuously marked with country of origin in the manner described above, the requirements of the marking statute will be fulfilled.

HOLDING:

Based on the factors in this case and after careful examination of the submitted samples, we find that the jeans and jacket, which are conspicuously marked with country of origin by the use of a fabric tag sewn into the garments in the requisite location, and which also display an embossed label and buttons/rivets with the words "San Francisco, CAL." or S.F.CAL.", are properly marked with country of origin within the meaning of 19 U.S.C. 1304 and 19 CFR 134.47.

Sincerely,

John Durant, Director
Commercial Rulings Division

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