MAR-2-05 CO:R:C:V 733833 NL
Dee Katson
Offshore Assembly Manager
Customs and Trade Dept.
Levi Strauss & Co.
P.O. Box 7215,
San Francisco, CA 94120
RE: Marking of Denim Jeans; "Brittania" Trademark; "USA"; 19 CFR
134.46; 19 CFR 134.47; 9802.00.80 HTSUS; "Assembled In".
Dear Ms. Katson:
This is in response to your letter of September 25, 1990, in
which you request a ruling concerning the acceptability of a
leather-like label which Brittania Sportswear, Ltd., a Division
of Levi Strauss, proposes to attach to denim jeans assembled in
Mexico.
FACTS:
The labels in question bear a registered trademark which
includes the name "Britannia" and a graphic design based on the
United Kingdom and United States flags. Superimposed on the
graphics are the letters "USA". These letters are not part of
the registered trademark.
Brittania Sportswear would attach the label to the outside
waistband of men's denim jeans (style 101) which are assembled in
Mexico from U.S. - origin components. The fabric is formed,
finished, and cut in the U.S. After assembly in Mexico the
finished jeans are imported into the U.S. under subheading
9802.00.80, Harmonized Tariff Schedule of the United States
(HTSUS). The inside waistband of the jeans bears a sewn-in cloth
label stating fabric and care information and the words
"Assembled in Mexico".
ISSUE:
Does the leather-like label on the outside waistband of the
jeans satisfy the country of origin marking requirements?
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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 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. For purposes of the marking requirements, the
country of origin of the jeans is Mexico. See, 19 CFR 10.22,
which provides that assembled articles entitled to the exemption
from duty provided under subheading 9802.00.80, HTSUS (19 U.S.C.
1202), shall be considered products of the country of assembly
for marking purposes, and shall be marked by use of the words
"Assembled in ---". Here, the jeans are correctly marked
"Assembled in Mexico".
The marking issue raised involves the application of two
related provisions of the marking regulations, 19 CFR 134.46 and
19 CFR 134.47. The application of the special marking
requirements set forth in in these provisions is triggered by the
presence of the letters "USA" on the leather-like patch. (While
the name "Brittania" is suggestive of a country other than the
country of origin of the jeans, it is not the long form or short
form name of that country. Thus, the name "Brittania" does not
trigger special marking requirements.)
Both provisions serve the same purpose of preventing
ultimate purchasers from being misled or deceived when the name
of a country or place other than the country of origin appears on
an imported article or its container. The critical difference
between the two provisions is that 134.46 requires that the name
of the actual country of origin appear "in close proximity" to
the spurious marking and in lettering of at least comparable
size. By contrast, 134.47 requires less, providing that when the
name of a place other than the country of origin appears as part
of a trademark or trade name or as part of a souvenir marking,
the name of the actual country of origin must appear in close
proximity to the spurious name "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. As applied here, the
requirements of 19 CFR 134.47 would be satisfied by the existing
label on the inside of the waistband, which Customs has long ago
determined is a conspicuous location in which to mark the country
of origin on a pair of trousers. See, T.D. 71-264(3) (August 18,
1971).
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However, in the case of these jeans it is our opinion that
the more stringent requirements of 19 CFR 134.46 must apply. The
letters "USA" are next to the name "Brittania" on the patch, but
are not part of the trademark. In HQ 722064 (August 3, 1983),
Customs ruled that 19 CFR 134.47 would apply only if the word
"Paris" was part of the registered trade name. Otherwise, 19 CFR
134.46 would be the applicable provision.
Here, where the letters "USA" are not part of the trademark
or trade name, there is potential for the ultimate purchaser to
be misled. This reference to the U.S. is not like the
circumstances in other rulings where we have ruled that such
references were part of the decoration, and thus would not be
regarded by an ultimate purchaser as an indication of country of
origin. See, e.g., HQ 732412 (August 29, 1989)(jeans whose
design includes the word "Kansas" are adequately marked by a
label at the waistband.) Here, by contrast, the reference may
reasonably be read as a reference to the jeans' country of
origin, and there is no other marking to dispel such an
impression.
It is our opinion that, as prescribed by 19 CFR 134.46,
the country of origin, Mexico, preceded by the words "Made in",
"Product of", or "Assembled in", must appear in close proximity
to the letters "USA" in lettering of comparable size. For these
jeans, "close proximity" means on the same patch on the outside
of the waistband as the potentially confusing reference "USA", or
immediately next to the patch on the outside of the waistband.
HOLDING:
As required by 19 CFR 134.46, the words "Assembled in
Mexico" or words to similar effect must appear on the leather-
like patch on the outside waistband of the jeans, in lettering of
comparable size to the letters "USA".
Sincerely,
John Durant, Director
Commercial Rulings Division