MAR-2-05 CO:R:C:V 732412 KG
Harold I. Loring
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, New York 10017
RE: Country of origin marking of jeans
Dear Mr. Loring:
This is in response to your letter of May 16, 1989,
requesting a country of origin ruling for frost finish jeans.
FACTS:
Your client imports frost finish jeans from Peru. The
sample pair submitted for examination contain the word "Kansas"
on a fabric label attached to the rear right pocket, snaps on
both rear pockets contain the words "Kansas Jean", a leather
label with the words "Kansas" and "Kansas Jeans Navy Wear" is
attached to the front right pocket and the front button is
decorated with a stylized "K" and the word "J. Kansas". The
jeans are marked "Made in Peru" on a fabric label sewn to the
waistband. This label also contains the size of the jeans as
well as the fiber content and care instructions.
The jeans also have a hang tag attached which contains the
word "Kansas" in large lettering and "Made in Peru" in smaller
lettering. A paper label attached to the bottom of a pant leg
contains the word "KANSAS" in large bold lettering and the words
"MADE IN PERU" on the side of the label in much smaller
lettering.
Your client has filed an application for a trademark with the
U.S. Patent and Trademark office for the phrase "Kansas Jeans,
Incorporated".
ISSUE:
Whether the markings on the imported jeans described above
satisfy the country of origin marking requirements.
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 imported into the U.S. shall be marked in a conspicuous
place as legibly, indelibly, and permanently as the nature of the
article (or 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. 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., 27
C.C.P.A. 297 at 302 (1940).
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Section 134.46, Customs Regulations (19 CFR
134.46), requires that when the name of any city or locality in
the U.S., other than the name of the country or locality in which
the article was manufactured or produced, appears on an imported
article or its container, 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. The purpose of this section is to prevent the
possibility of misleading or deceiving the ultimate purchaser of
the actual origin of the imported goods.
However, section 134.47, Customs 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. appear, the article shall be legibly, conspicuously, and
permanently marked to indicate the name of the country of origin
of the article preceded by words "Made in," "Product of," or
other similar words, in close proximity or in some other
conspicuous location.
You state that your client has filed an application for a
trademark but has not yet completed the process necessary for
trademark registration. In another ruling, HQ 722064 (August 3,
1983), Customs ruled that 19 CFR 134.47 would apply only if the
word "Paris" was part of a registered trade name. In this
instance, the phrase "Kansas Jean" is not currently part of a
registered trademark. Therefore, 19 CFR 134.47 is inapplicable.
Based on a ruling dated August 18, 1971, published in
abstract form as T.D. 71-264(3), Customs held 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.
Examination of the sample submitted clearly reveals that the
subject jeans are properly marked in accordance with T.D. 71-
264(3). The issue, therefore, is whether or not the jeans,
marked as described above, satisfy 19 CFR 134.46. Customs
recently ruled in HQ 731614 (June 28, 1989), on a very similar
case involving imported jeans containing a label with the words
"LONDON SLIM" and the country of origin marking, "MADE IN JAPAN",
appearing just below in smaller print. Based on an examination
of the label, it was held that the country of origin marking was
sufficiently conspicuous because it was prominently displayed.
The typical consumer would readily notice the marking in that
location and the lettering was bold and of sufficient size to be
conspicuous so that the ultimate purchaser would be able to read
the marking easily and without strain as provided in 19 CFR
134.41.
As was noted in that ruling, Customs 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 necessarily confuse the ultimate
purchaser as to the true country of origin. For example, in HQ
723604 (November 3, 1983), and HQ 712013 ( January 16, 1980),
Customs held that use of the abbreviation "USA" displayed
prominently 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. Likewise, in C.S.D. 89-73 (February 2, 1989), Customs
held that an imported man's pullover shirt which 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
731394 (December 8, 1988), Customs found that the word "VERMONT"
on an imported wall planner would not confuse the ultimate
purchaser as to the true country of origin of the wall planner
and that, therefore, the provisions of 19 CFR 134.46 did not
apply.
Similarly, in this case we find that the country of origin
marking is conspicuous due to the fact that it appears on the
sewn-in label with the size, fiber content, and care instructions
as well as on two hang tags, and is in lettering of sufficient
size and boldness to be easily found and read. Furthermore, it
is our opinion that the placement of the various forms of the
word "Kansas" on different parts of the jeans are built into the
garments' design. They would not mislead or deceive the ultimate
purchaser or in anyway connote that "Kansas" is the place of
manufacture.
HOLDING:
Based on all of the factors in this case and after careful
examination of the sample, we find that the imported jeans,
marked as described above, satisfy 19 U.S.C. 1304 and 19 CFR
Part 134.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch