NY 813440 - COUNTRY OF ORIGIN MARKING OF IMPORTED KNIT SHORTS - United States International Trade Commision Rulings

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NY 813440

October 6, 1995

MAR-2-61:S:N:N5 356 813440

CATEGORY: MARKING

Ms. Laurie Everill
J.C. Penney Purchasing Corporation
P.O. Box 10001
Dallas, TX 75301-0001

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED KNIT SHORTS

Dear Ms. Everill:

This is in response to your letter dated July 27, 1995 requesting a ruling on whether the proposed marking "Made in Hong Kong" is an acceptable country of origin marking for imported men's knit shorts if another marking "Arizona Jean Company" or "The Original Arizona Jean Company" appears on the article containing a reference of a country or locality other than the actual country of origin of the article. Marked samples were submitted with your letter for review.

The first sample is a pair of men's boxer style shorts constructed from 100 percent cotton knit fabric. The garment has a jacquard knit elastic waistband; a one button fly front; and leg openings finished with one inch capping. The words "Arizona Jean", in letters three-eights of an inch high, appear continuously as a design on the waistband. The word "Company" appears below in letters which are one-quarter inch high. The button on the fly has the word "Arizona" etched twice into its face in letters one-sixteenth of an inch high. A circular embroidered logo depicting a sun with rays and the letters "A" and "Z" appears on the left leg near the hem. A sewn in label has been affixed to the inside waistband at the center rear. The label shows the fiber content and the words "Made in Hong Kong" in black block style letters on a white background. The letters are one-sixteenth of an inch high.

The second sample is a pair of men's boxer style shorts constructed from 100 percent cotton knit fabric. The garment has an elastic waistband; a one button fly front; and hemmed leg openings with side slits. The words "Arizona Jean" are continuously screen printed on the inner surface of the waistband in letters which are three-eights of an inch high. The word "Company" is printed below in letters which are one-quarter inch high. The button on the fly has the word "Arizona" etched twice into its face in letters one-sixteenth of an inch high. A circular embroidered logo depicting a sun with rays and the letters "A" and "Z" appears on the left leg near the hem. Each side slit if finished on the inside with twill tape with the word "Arizona" screen printed in white block letters on a dark background. Sewn to the inner waistband at the center rear is a drop label showing the fiber content and the words "Made in Hong Kong" in black block style letters on a white background. The letters are one-sixteenth of an inch high. The third sample is a pair of men's boxer style shorts constructed from 100 percent cotton knit fabric. The garment has an elastic waistband; a one button fly front; and hemmed leg openings with side slits. The words "Arizona Jean" are continuously screen printed on the inner surface of the waistband in letters three-eights of an inch high. The word "Company" is printed below in letters one-quarter inch high. The button on the fly has the word "Arizona" etched twice into its face in letters one-sixteenth of an inch high. Each side slit if finished on the inside with twill tape with the word "Arizona" screen printed in white block letters on a dark background. Sewn to the inner waistband at the center rear is a drop label showing the fiber content and the words "Made in Hong Kong" in black block style letters on a white background. The letters are one-sixteenth of an inch high.

The marking statute, section 304, 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 U.S. 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 U.S. the English name of the country of origin of the article.

Section 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark, trade name, or part of souvenir marking, the name of the actual country of origin must appear in close proximity to the place name "or in some other conspicuous location". Whether the country of origin appears "in close proximity" or in some other conspicuous place, the name of the country of origin must be preceded by "Made in," "Product of," or words of similar meaning. If the question concerns a trademark or trade name, the country of origin marking need only meet the general standard of conspicuousness.

Copies of trademark registrations issued to your company for "The Original Arizona Jean Company" and "Arizona Jean Company" were supplied with your inquiry. Based on an examination of the garments, the country of origin marking of the men's knit shorts, as described above, is sufficiently conspicuous and satisfies the marking requirements of 19 CFR 134.47. As such, it is acceptable country of origin marking for the imported garments.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Roger J. Silvestri
Director

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