United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1998 HQ Rulings > HQ 560811 - HQ 561018 > HQ 560852

Previous Ruling Next Ruling
HQ 560852

---

MARCH 16,
1998

MAR-05 RR:TC:SM 560852 BLS

CATEGORY: MARKING

Peter S. Herrick, Esq.
3520 Crystal View Court
Miami, Florida 33133

RE: Country of origin marking of watches; 19 CFR 134.47

Dear Mr. Herrick:

This is in reference to your letter dated February 5, 1998, on behalf of Time Products Corporation ("Time"), requesting a ruling concerning the country of origin marking requirements for certain watches.

FACTS:

The following information is submitted:

Time is the exclusive distributor for Givenchy watches in North America and the Caribbean, and desires to import watches which will show on the face of the watch the name "GIVENCHY," and under this name the appellation "PARIS." A photograph of the face of the watch reflecting this marking is included as your "Exhibit A." You state that Givenchy is the owner of various registered trademarks, at least one that includes the name "PARIS." Supporting documentation of trademark registration is included in your submission.

You believe that the marking in this case will not trigger section 134.46, Customs Regulations (19 CFR 134.46), but rather 19 CFR 134.47 will be applicable, which provides that country of origin marking may appear "in close proximity or in some conspicuous location."

ISSUE:

What are the marking requirements for the subject "GIVENCHY" watches?

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 origin of the article. 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 CCPA 297, C.A.D. 104 (1940). Part 134, Customs Regulations (19 CFR 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

In cases where there is a reference to a location other than the country of origin on imported merchandise, the 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 applicable.

Section 134.46 of the Customs Regulations provides that whenever words appear on imported articles indicating the name of a geographic location other than the true country of origin of the article, and it is determined that the reference to such other location may deceive or mislead the ultimate purchaser regarding the actual country of origin of the article, country of origin marking must appear in close proximity and in comparable size lettering to those words proceeded by the words "Made in", "Product of", or other words of similar meaning. 19 CFR 134.47 provides that when a trademark, trade name, or souvenir marking indicates the name of a location in the U.S., or "United States" or "American," the country of origin shall be indicated either "in close proximity or in some other conspicuous location" preceded by "Made in", "Product of", or similar words. While 19 CFR 134.47 does not expressly provide that such reference may "deceive or mislead," 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 19 CFR 134.46 requires that the name of the actual country of origin shall appear "in close proximity" to the locality name and in lettering of at least comparable size. By contrast, 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.

The language of 19 CFR 134.47 pertains to a trademark or trade name with a location in the United States. In this case the trademark is "PARIS", signifying the French city, not a U.S. location. Customs has held, however, that "[t]he rationale for granting a special exemption for trademarks and trade names containing the name of a domestic locality applies at least as strongly to trademarks bearing the name of a foreign locality. Accordingly, it is our opinion that the intent of 134.47 was to include foreign trademark designations as well as domestic locales." See Headquarters Ruling
Letter (HRL) 731524 (December 18, 1989) (quoting HRL 710682 (June 26, 1979).
In this regard, you have included as your "Exhibit C" documentation reflecting that the name "GIVENCHY DE PARIS" was registered as a federal trademark in 1955. (In that case, the commodity was men's neckties.)

Accordingly, the more lenient requirements of 19 CFR 134.47 apply. Therefore, the country of origin need only appear in a conspicuous location preceded by words such as "Made in" or "Product of." In this regard, it is your opinion that the contemplated marking will satisfy the requirements of 19 CFR 134.47, as the country of origin of these watches will be marked on the outside surface of the back cover of the watch case. While Customs has held that the back cover of the watch case is a conspicuous location (see, e.g., HRL 735197 dated January 4, 1994), inasmuch as you do not include a sample of such marking with your submission, we cannot rule on the sufficiency of the contemplated marking.

HOLDING:

The reference on the watch face to "PARIS" which appears as part of a trademark triggers the requirements of 19 CFR 134.47. Therefore, the provisions of 19 U.S.C. 1304 and 19 CFR 134.47 will be satisfied provided the imported watches bearing the name "PARIS" as part of a trademark are properly and conspicuously marked with their country of origin.

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,

John Durant,
Director
Commercial

Previous Ruling Next Ruling