MAR 2-05 CO:R:C:V EAB 733999
Michael H. Greenberg, Esquire
Sharretts, Paley, Carter & Blauvelt
67 Broad Street
New York, New York 10004
Re: Country of origin marking of garment containing the letters
"USA" as part of its design. cotton T-shirt; leather jacket;
hang tag; 19 U.S.C. 1304; 19 CFR 134.41(b); 19 CFR 134.46;
712013; 732412; 723604; 733259; 733695; 19 CFR 134.44(c);
719903; 731692
Dear Mr. Greenberg:
This is in response to your letter dated December 7, 1990,
on behalf of Avirex Ltd., concerning the country of origin
marking requirements of cotton T-shirts and men's leather jackets
containing the letters "USA" as part of their design.
FACTS:
The sample cotton T-shirt, style no. 158034, has a fabric
label sewn into the neckband, which in 1/8th inch lettering
states "Equipment-Type-Avirex Ltd., Authentic Avirex Ltd. Flight
Shirts, Specification for Hi Speed Low Level Flight No: 8462,
JRC35AC 25MC NYC PB" and has a U.S. Air Force emblem bracketed by
"Avirex Ltd." and "L.I.C.N.Y.". Attached to the bottom of that
label are two other labels. One of these labels sets forth the
fiber content of the T-shirt as "100% cotton," in accordance with
Federal Trade Commission regulations, and cleaning and care
instructions. The other label sets forth country of origin of
the T-shirt in quarter inch black letters on a white background,
stating: "Made in Italy." The label's black on white, large size
lettering contrasts with the smaller lettering on the "Equipment"
label, and it is placed where the ultimate purchaser, the
consumer, will look. Although no hang tag is attached to the
sample T-shirt, you state that the country of origin of the T-
shirt also is disclosed as "Made in Italy" in three-eighths inch
black letters on a white background on a sticker affixed to the
upper right hand corner of a hang tag containing photos of World
War II vintage planes and air cadets, which also has the "Avirex
USA" mark with an "R" in a circle following "Avirex" indicating
trademark registration. On the front of the T-shirt is a silk
screen, multicolor print depicting two bucking broncos with
female riders framed in a rectangular reddish brown colored
background. The depiction has a heading in large black letters
on an off-white background, stating "Avirex U.S.A., Free
Strawberry Roan Rodeo, State Fair, Sept. 26-to-Oct. 1". The
overall effect is of a poster for that event.
The sample jacket, style no. 204017, commonly known as a
varsity jacket, has a green leather body and yellow leather
sleeves. Its theme is of a baseball team from Suquamish,
Washington, and it has an American Indian motif, presumably
because of the Indian derivation of the team's name. On the
front right chest panel of the jacket is an "A" with an Indian
headdress draped on it. The country of origin of the jacket is
set forth on a label sewn into the top of the neck of the garment
with in three-eighths inch green letters on an off-white
background states: "Made in Korea" and "Fabrique en Coree".
Below the country of origin label is a large label stating
"Avirex Varsity" on a background of a football field in the green
and yellow motif of the jacket. Attached to the bottom of this
label is a label stating: "Outershell: 100% Genuine Leather,
Lining: 50% Nylon 50% Acetate." Below this label is a large
rectangular patch with a picture of the "Suquamish Ball Team
1920" above which is "Avirex [circled "R" indicating trademark
registration] Varsity 1991." The snap buttons are die-stamped
"Avirex USA Varsity". A hang tag attached to the jacket
continues the "Avirex Varsity" motif with pictures of
cheerleaders in front of a crowd, football players and a
quotation from the gymnasium of the U.S. Military Academy, West
Point. There also is a notice in small letters: [circled
"c"]1991 Avirex[circled "R"] All Rights Reserved" under a picture
of a football player and his girl. The other hang tag gives
style, size and color under an inscription "Avirex Varsity" with
football with "Avirex Champs" and "19 Div. A. 44" and another
copyright notice.
ISSUE:
Whether T-shirts and men's leather jackets of foreign origin
bearing sewn-in fabric labels as well as hang tags and having as
part of their design the letters "USA" comply with 19 CFR 134.46.
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 letters "U.S.A." appearing on an imported article may
mislead the ultimate purchaser as to the country of origin;
thus, in cases where the letters "U.S.A." appear on an imported
article or its container, 19 CFR 134.46 provides that there shall
appear, legibly and permanently, in close proximity to such
letters 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 HQ 733695 (January 15, 1991), "Bonjour Paris" on
the rivets of blue jeans that were conspicuously marked by means
of a fabric label sewn into the waistband of the jeans did not
trigger the requirements of 19 CFR 134.46, i.e., no additional
marking was necessary.
In this case, the U.S.A. references on the T-shirt and the
jacket are part of the design of the garments and would not
confuse the ultimate purchaser as to the country of origin;
therefore, the requirements of 19 CFR 134.46 are not triggered.
We find that the fabric labels sewn into the neckband of the T-
shirt and the fabric label sewn into the inside back panel below
the collar of the men's leather jacket are conspicuous,
permanent, legible and easily found and read country of origin
markings.
You have specifically inquired about the acceptability of
the hang tag. (Again, we note that the T-shirt sample has no
hang tag, but the jacket does.) Of course, marking an article
with a hang tag is simply one of several other acceptable
methods, see 19 CFR 134.44(c); i.e., hang tags are not required
where an acceptable alternative is used. Where, however, hang
tags are additionally used, they must generally comply with the
marking requirements. See HQ 719903 (September 8, 1982) and HQ
731692 (July 19, 1989). In this case, and for the same reasons
set forth concerning the jacket itself, we find that the
lettering on the hang tag would not confuse the ultimate
purchaser as to the country of origin of the jacket; therefore,
the requirements of 19 CFR 134.46 are not triggered. We can make
no findings nor reach a holding with respect to the T-shirt hang
tag, since none was attached to the sample.
HOLDING:
The letters "U.S.A." are part of the design of the T-shirt
and men's leather jacket and the hang tag attached to the jacket
and would not confuse the ultimate purchaser as to the country of
origin. As such, they do not trigger the requirements of 19 CFR
134.46. The garments, which are conspicuously marked by means of
sewn-in fabric labels, satisfy the requirements of 19 U.S.C.
1304.
Sincerely,
John Durant, Director
Commercial Rulings Division