MAR-2-05 RR:TC:SM 559832 DEC

Mr. Al Andrews
Circle International, Incorporated
3275 Alum Creek Drive
Columbus, Ohio 43207

RE: Country of origin marking of women's jeans; 19 CFR 134.46; 19 CFR 134.47; HRL 732412; C.S.D. 89-73; T.D. 71-264(3)

Dear Mr. Andrews:

This is in response to your letter dated March 28, 1996, on behalf of your client, Victoria's Secret Catalog, requesting a ruling regarding the country of origin marking requirements of women's jeans. We received two samples of the jeans (blue denim and white denim) with your request.

FACTS:

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.

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 sewn into the inside of the waistband 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 "London" reference on the waistband label.

You state that your client's marketing department has yet to determine which interior waistband label to use in their production. Accordingly, you are requesting a ruling on both of these articles.

ISSUE:

Whether the articles described above satisfy 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 (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.

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).

Customs has recognized that 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. Therefore, 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, section 134.46, Customs Regulations (19 CFR 134.46), provides that 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. Customs

has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported good.

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 CFR 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 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.

HOLDING:

On the basis of the information and samples 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.

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
Tariff Classification Appeals
Division