MAR-2-05 RR:TC:SM 559832 DEC
Mr. Al Andrews
Circle International, Incorporated
3275 Alum Creek Drive
Columbus, Ohio 43207
RE: Country of origin marking of women's jeans; 19 CFR 134.46; 19
CFR 134.47;
HRL 732412; C.S.D. 89-73; T.D. 71-264(3)
Dear Mr. Andrews:
This is in response to your letter dated March 28, 1996, on
behalf of your client, Victoria's Secret Catalog, requesting a
ruling regarding the country of origin marking requirements of
women's jeans. We received two samples of the jeans (blue denim
and white denim) with your request.
FACTS:
The articles at issue are women's jeans. The blue denim jeans
have a label on the outside waistband on which the words "The
London Jean Quality Denim Products for a Modern World" are printed.
Another label is sewn into the inside of the waistband (center
back) which contains the words "London Jeans Quality Denim Products
for a Modern World." To the right of this label is another label
on which the country of origin, fiber content, and size information
is printed. The words "Made in Canada" appear in capital letters
in the largest type size on the label and they are in bold print.
The "Made in Canada," however, is in smaller type size than the
"London" reference on the waistband label.
The white denim jeans have a label on the outside waistband on
which the words "The London Jean Quality Denim Products for a
Modern World" are printed. The white denim sample has a label sewn
into the inside of the waistband on which the words "London Jeans"
are printed. To the right of this label is another label on which
the country of origin, fiber content, and size information is
printed. The words "Made in Canada" are in the largest type size
on this label and they are in bold print. The "Made in Canada,"
however, is in smaller type size than the "London" reference on the
waistband label.
You state that your client's marketing department has yet to
determine which interior waistband label to use in their
production. Accordingly, you are requesting a ruling on both of
these articles.
ISSUE:
Whether the articles described above satisfy the country of
origin marking requirements.
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. Friedlaender & Co. Inc., 27 CCPA 297, 302,
C.A.D. 104 (1940).
T.D. 71-264(3) provides that
Trousers, slacks, jeans, and similar wearing apparel
shall be marked to
indicate the country of origin by means of a permanent
label affixed in
a conspicuous location on the garments, such as the
inside of the
waistband.
The origin marking on the sewn-in fabric label on the inside of the
waistband satisfies the marking requirement set forth in T.D. 71-264(3).
Customs 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, section 134.46, Customs Regulations (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.
Customs
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.
Customs has held that in cases where there is a reference on
an imported article to a place other than the country of origin,
but such reference would not confuse the ultimate purchaser, the
requirements of 19 CFR 134.46 are not triggered. In Headquarters
Ruling Letter (HRL) 732412, dated August 29, 1989, Customs found
that the placement of the word "Kansas" on different parts of
imported jeans 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 origin of the article
on which it appeared. See also C.S.D. 89-73 (February 2, 1989), in
which Customs 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 this case, the word "London" which appears on labels on the
outside waistband as well as on the inside waistband does not
trigger the special marking requirements of 19 CFR 134.46 because
the word "London" is used as a decoration of the jeans and such
references on the jeans would not reasonably be construed to
indicate the country of origin of the article. On both the blue
and white denim jeans, the country of origin is conspicuously
placed on a label just to the right and just below the inside
waistband label on which appears the word "London."
While both samples of the women's jeans contain references to
London on the
outside waistband and on the inside of the waistband, Customs is
satisfied that an ultimate purchaser examining these articles will
be able to find the country of origin marking easily and read it
without strain. The country of origin marking is prominently
displayed in all capital letters and bold print. Accordingly, the
special marking requirements of 19 CFR 134.46 are not triggered in
this instance, and the statutory marking requirements will be
satisfied.
HOLDING:
On the basis of the information and samples submitted, we find
that the country of origin marking of the imported articles
described above satisfies the marking requirements of 19 U.S.C.
1304 and 19 CFR Part 134.
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
Tariff Classification Appeals
Division