MAR 2-05 CO:R:C:V EAB 733695
John B. Pellegrini, Esquire
Ross & Hardies
529 Fifth Avenue
New York, New York 10017-4608
Re: Country of origin marking of garment with references thereon
to a place other than the country of origin. 19 CFR
134.41(b); 19 CFR 134.46; 712013; 732412; 723604; 733259.
Dear Mr. Pellegrini:
This is in response to your letter dated July 27, 1990, on
behalf of Bonjour International, Ltd., concerning the country of
origin marking requirements of denim jeans with rivets bearing
the name of a locality other than the country of origin. We
regret the delay in responding.
FACTS:
Metal rivets are to be attached to three pocket seams on the
front of women's trousers. The rivets are die-stamped with the
words "Bonjour Paris". The trousers are made in Hong Kong, as
set forth on a fabric label sewn into the waistband.
ISSUE:
Whether women's trousers made in Hong Kong and having as
part of their design rivets on the pocket seams which are die-
stamped with a locality other than the country of origin requires
any marking other than the sewn-in waistband label in order to
satisfy the requirements of 19 U.S.C. 1304.
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. Part 134, Customs
Regulations (19 CFR Part 134), implements the country of origin
marking requirements and exceptions of 19 U.S.C. 1304. As
provided in 19 CFR 134.41(b), the country of origin marking is
considered conspicuous if the ultimate purchaser is able to find
the marking easily and read it without strain.
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; thus, 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 the
name of the country of origin preceded by "Made in," "Product
of," or other words of similar meaning.
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 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 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. In HQ 732412 (August 29,
1989), Customs found that the placement of the word "Kansas" on
different parts of imported jeans are built into the garment's
design and they 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), Customs 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.
In this case, assuming the imported women's jeans are
conspicuously marked by means of a fabric label sewn into the
waistband of the jeans no other marking is required. The rivets
are decoration on the garment and an integral part of the design.
The requirements of 19 CFR 134.46 are not triggered.
HOLDING:
Metal rivets which bear a place name other than the country
of origin of the imported women's jeans do not trigger the
requirements of 19 CFR 134.46. The garment, which is
conspicuously marked in the waistband by means of sewn-in fabric
label satisfies the requirements of 19 U.S.C. 1304.
Sincerely,
John Durant, Director
Commercial Rulings Division