MAR-05 RR:CR:SM 561285 BLS
Ms. Connie Hagarman
The A.W. Fenton Company Inc.
1157 Rarig Avenue
Columbus, Ohio 43219-2357
RE: Country of origin marking of women’s jeans; HRL 559832
Dear Ms. Hagarman:
This is in reference to your letter dated February 5, 1999, on behalf of Victoria’s Secret Catalogue LLC, concerning the country of origin marking of certain women’s jeans ("London Jeans").
FACTS:
Customs previously addressed the marking of "London Jeans" in Headquarters Ruling Letter (HRL) 559832 (September 10, 1996). However, you state that the client is planning a change to the marking on these jeans and desires a ruling on the amended marking. A copy of the labels currently being used and the proposed labeling is included with the submission. Samples were submitted in connection with the prior ruling request.
Based on an inspection of these samples, we described the marking in HRL 559832 as follows:
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.
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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 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
reference on the waistband label.
We understand from your submission that the country of origin information ("Made in Canada") will not be changed as to location, i.e., on a label sewn into the inside of the waistband to the right of the label referring to the "London Jeans." However, the size of the words "Made in Canada" will be double the size of any other wording and will be in bold type. No other change will be made to the label containing the country of origin marking. However, the waistband labels (outside and inside) will have the words "original LONDONJEAN authentic quality denim estab. 1991", arranged to fit within the confines of these two labels. The word "LONDONJEAN" will be in capital letters and will be in bold type. In addition, a British flag will be placed on each label between "estab." and "1991." This information was confirmed with your office on February 19, 1999.
ISSUE:
Whether the marking on the women’s jeans satisfies 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
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(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.
In this case, we find that 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).
Section 134.46, Customs Regulations (19 CFR 134.46) provides:
In any case in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, 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.
In HRL 559832, we stated the following:
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 C.F.R. 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
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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.
Accordingly, we held In HRL 559832 that the country of origin marking on the two samples of "London Jeans" submitted to Customs satisfied the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
As applied to the proposed marking, we similarly find that the word "London" and the British flag which appear on the outside waistband label as well as on the inside waistband label do not trigger the special marking requirements of 19 CFR 134.46 because the word "London" and the British flag are used as decorations and such references on the jeans would not reasonably be construed to indicate the country of origin of the article. Therefore, the special marking requirements of 19 CFR 134.46 will not be triggered. Further, we find that the described marking satisfies the general marking requirements of 19 U.S.C. 1304.
HOLDING:
On the basis of the information 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.
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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 Rulings Division