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HQ H009501

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September 19, 2007

CLA-2 OT:RR:CTF:TCM H009501 BAS

CATEGORY: MARKING

Mr. Jim Marshall
CBP Compliance Specialist
Levi Strauss & Co.
1155 Battery Street
Levi’s Plaza
San Francisco, CA 94111

RE: Country of Origin Marking Ruling Request; Men’s and Boy’s Jeans

Dear Mr. Marshall:

This is in response to your request dated March 1, 2007, on behalf of Levi Strauss & Co., requesting a country of origin marking ruling for men’s and boy’s jeans. Your letter and samples were forwarded to this office for our response.

FACTS:

The merchandise at issue is two pairs of denim jeans. The first sample, Style #1, is a pair of men’s pants constructed from 100% cotton, woven blue denim fabric. The garment features a flat waistband with five belt loops, a fly front opening with a zippered closure, a button on the waistband, two pockets on the front panels, an inner pocket inside the right front pocket, two rear patch pockets, and hemmed leg openings.

With regard to the marking of Style #1, the country of origin will be shown on a sewn-in label just below the inside of the waistband at the back, slightly right of center. Additional labeling/marking on the garment includes:

“leatherlike” label attached to the outside rear of the waistband near the right side reading “Levi Strauss Signature®” with a logo showing a five pointed star between the letters SF and CA. paper hangtag attached near the front belt loop just right of center reading “Levi Strauss Signature SF*CA” adhesive size sticker affixed to the front of the left leg, allowing prospective purchasers to see the size when the jeans are folded and displayed on shelving showing at the top “Levis Strauss Signature” and at the bottom “Levi Straus Signature, San Francisco, Cal.“ rivets on the front pockets imprinted with “SF CA 1873”

The second pair of jeans, which you refer to, as Style #2 is a pair of boy’s black denim jeans, constructed from 100% cotton, woven black denim fabric. The garment features a flat adjustable waistband with five belt loops, a fly front opening with a zippered closure, a button on the waistband, two pockets on the front panels, an inner pocket inside the right front pocket, two rear patch pockets and hemmed leg openings.

The country of origin for Style #2 will be shown on a sewn-in label just below the inside of the waistband at the back, slightly right of center. Additional prospective labeling/marking on this garment includes:

“leatherlike” label attached to the outside rear of the waistband near the right side reading “Levi Strauss Signature Authentics SF*CA” paper hangtag attached near the front belt loop just right of center reading “Levi Strauss Signature Authentics SF*CA” inside waistband with various images and including “*SFCA*”

Both garments have a woven fabric label sewn onto the inside center rear waistband that shows a registered trademark, “Levi Strauss Signature®”, and the size of the garment. A second woven fabric label, sewn into the inside waistband seam and located slightly right of the rear center seam shows the country of origin as “made in (country)”, the fiber content in percentages, and the registered trade name “Levi Strauss Signature®”.

You state that the “Levi Straus Signature®” trade name is registered with the U.S. Patent and Trademark Office. You also state that the logo of the five-pointed star with the letters SF and CA, as well as the words, “ San Francisco, Cal” are not part of any trademark.

ISSUE:

What are the country of origin marking requirements for the subject jeans which feature a U.S. locality reference?

LAW AND ANALYSIS:

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 imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article 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. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose 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. Friedlander & Co. Inc., 27 CCPA 297, 302, C.A.D. 104 (1940).

Part 134, Customs and Border Protection (CBP) Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. CBP has recognized that the presence of a geographic location, other than the country in which the article was produced, on an imported article or its container may mislead the ultimate purchaser as to the true country of origin. Therefore, in cases where the name of a location in the U.S. or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appears on an imported article or its container, 19 CFR 134.46, provides that there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in", "Product of", or other words of similar meaning. CBP has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported good.

However, section 134.47, CBP Regulations (19 CFR 134.47), provides that when as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the U.S. appears, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by "Made in", "Product of", or other similar words, in close proximity or in some other conspicuous location. In other words, if the question concerns a trade name or trademark, the country of origin marking needs only to meet the general standard of conspicuousness.

In the instant case, “Levi Strauss Signature®” is the trade name that is registered with the U.S Patent and Trademark Office. “Levi Strauss Signature®,” however, does not contain a geographic reference which may mislead the ultimate purchaser as to the true country of origin of the article. Rather, it is the logo of the five-pointed star with the letters SF and CA, as well as the words “San Francisco, Cal” which may be potentially misleading to the ultimate purchaser. The logo appears in several different locations on the garments. The words “San Francisco, Cal.” appears on the front left leg of Style #1.

CBP 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 559712, dated July 11, 1996, the word "Arizona" embroidered on the front right chest of a woman’s pullover did not trigger the special marking requirements of 19 CFR 134.46 because the word "Arizona" was used as a decoration on the shirt and such a reference would not reasonably be construed to indicate the country of origin of the article. The country of origin, in that case, was conspicuously placed in the center back of the collar. In HQ 723604 (November 3, 1983) and HQ 712013 (January 16, 1980), CBP 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. See also C.S.D. 89-73 (February 2, 1989), in which CBP held that an imported man's pullover shirt that prominently displayed the words "Christian Dior, 30 Avenue Montaigne, Paris 75008" across the back, did not invoke the application of 19 CFR 134.46 because the true country of origin of the article was indicated conspicuously on a label inside the neckband. In HQ 732412 (August 29, 1989), CBP found that the placement of the word "Kansas" on different parts of imported jeans was built into the garment's design and it 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), CBP 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. Again, in HQ 733695, dated January 15, 1991, CBP held that metal rivets which bear a place name other than the country of origin of the imported jeans do not trigger the requirements of 19 CFR 134.46.

However, in HQ 732486, dated September 5, 1989, a label, crest and hangtag containing the words "Riviera Line" was attached to imported garments. The hangtag contained a picture of a cruise ship in the center with two circles around the ship. Below the ship in large bold lettering was the phrase "RIVIERA LINE". The crest had a large script letter "R" in the center surrounded by a crest with the word "RIVIERA" below the letter "R". It was determined that while the crest was part of the design of the garment, the hangtag with the phrase "Riviera Line" triggered the special marking requirements of 19 CFR 134.46. Therefore, the hangtag had to contain the country of origin printed in a conspicuous manner and placed in close proximity to the phrase "Riviera Line".

The rationale in HQ 732486 was that a locality other than the country of origin is more likely to cause confusion when it appears on a hangtag attached to a garment because a hangtag is designed to attract the attention of the purchaser and generally contains information about the article. As such, a reference on the hangtag to a locality other than the country of origin of the article to which it is attached is potentially misleading with regard to the garment's country of origin. Similarly, in HQ 733281, dated August 3, 1990, garments contained the words "Bonjour International" in large lettering on the front and back and on a hangtag, along with the words "Milan", "Paris", and "New York" in smaller lettering on both sides of the hangtag. It was determined that since the hangtag contained several references to localities other than the country of origin of the garment to which it was attached and these references did not appear as part of a trade name, trademark, or souvenir marking, these references were potentially misleading; therefore, the special marking requirements of 19 CFR 134.46 were applicable.

In HQ 558741, dated January 4, 1995, CBP concluded that shorts containing a hangtag, a cardboard label, and a sticker referencing "Kalifornia" would be required under 19 CFR 134.46 to indicate the country of origin of the shorts on the same side of the panels (see HQ 732486) containing the "Kalifornia" reference. However, since the importer had applied for "Kalifornia" as a trademark, CBP allowed the more lenient requirements of 19 CFR 134.47 to apply rather than applying the stricter 19 CFR 134.46 requirements.

As in HQ 732486, both Styles #1 and #2 have hangtags on which appears an abbreviation of a locality other than the country of origin. The boys’ and the men’s jeans both have the logo of the five pointed star with the letters SF and CA on the hangtags. Following the rationale in HQ 732486, a hangtag is designed to attract the attention of the purchaser and generally contains information about the article. As such, a reference on the hangtag to a locality other than the country of origin of the article to which it is attached is potentially misleading with regard to the garment's country of origin. As the SF and the CA stand for San Francisco, California, where Levi Strauss Signature is based, it is likely to cause confusion concerning the country of origin of the article.

We note that HQ 729378, May 28 1986, held that the use of the letters KC MO as an abbreviation for Kansas City, Missouri, used on manhole covers and frames, constitutes a variation of a United State locality within the meaning of section 134.46, and triggered the requirements of that regulation. Therefore, the requirements of 19 CFR 134.46 are triggered by the marking on the hangtags of both Styles 1 and 2 and accordingly, the country of origin of the jeans would need to be indicated on the same surface on the hang tag. Notably, as “SF, CA” is not trademarked, the more stringent standard, that of 19 CFR 134.46 is triggered.

In the case of the men’s pants, Style #1, the name of the city and state ”San Francisco, Cal.” appears on an adhesive strip on the left leg of the garment. The adhesive strip is also potentially misleading as to the country of origin of the garment. Unlike some of the rulings cited, the adhesive strip is not part of the decoration of the garment. We do not believe that the marking on the adhesive strip of Style #1 is in close proximity to the country of origin marking on the inside of the waistband. In order to satisfy the close proximity requirement, the county of origin marking must generally appear on the same side or surface in which the name or locality other than the actual country of origin appears. Therefore, the marking on the adhesive label does not satisfy the requirements of Section 134.46, CBP Regulations (19 CFR 134.46), and is not acceptable for CBP marking purposes.

In addition to the logo of the five-pointed star with the letters SF and CA on the “leatherlike” labels of both boys’ and men’s jeans, the letters “*SFCA*” appear on the inside waistband of the boys’ pants. We do not believe that the single country of origin marking “made in (country)”, located on the inner waistband of both pairs of jeans is in close proximity to the “leatherlike” labels on the back of the jeans showing the abbreviation of the U.S. locality. Therefore the submitted marking does not satisfy the requirements of 19 CFR 134.46. Concerning the “*SFCA*” logo that appears on the inside waistband of the boys’ pants, the marking “made in (country)” on the inner waistband is in close proximity to the logo and therefore it satisfies the requirements of 19 CFR 134.46.

Concerning the rivets on the men’s jeans which have the letters “SFCA,” the requirements of 19 CFR 134.46 are not triggered as they are part of the design of the garment and would not mislead the purchaser as to the country of origin of the garment. See HQ 733695, dated January 15, 1991.

HOLDING

On the basis of the information and samples submitted, we find that the country of origin marking of the imported articles described above does not satisfy the marking requirements of 19 U.S.C.1304 and 19 CFR Part 134. In order to satisfy the requirements of 19 U.S.C. 134.46, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears. In particular with regard to the hangtags, “leatherlike” labels and the adhesive sticker on the mens’ pants, the country of origin marking would need to appear on the same side or surface as
each of those items. The rivets on the men’s jeans do not trigger the requirements of 19 U.S.C. 134.46 as they are part of the design of the pants.

The waistband in the boys’ jeans featuring the letters “*SFCA*” would satisfy the country of origin marking requirements since the “Made in (country)” label to the right of center on the inside waistband is on the same side or surface as the “*SFCA*.”

Sincerely,

Gail A. Hamill, Chief
Tariff Classification and Marking Branch

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