MAR-05 RR:CR:SM 560423 KKV
Mr. Caldecot Chubb III
Oxford Industries, Inc.
222 Piedmont Avenue, N.E.
Atlanta, GA 30308
RE: Country of origin marking of wearing apparel;
marking; 19 CFR 134.46; T.D. 97-72; designed in
the U.S.
Dear Mr. Chubb:
This is in response to your letter dated April 21,
1997, which requests a binding ruling regarding an
acceptable country of origin marking for certain imported
womens private label sportswear products.
FACTS:
We are informed that Oxford Industries, Inc., is an
importer of womens private label sportswear products which
have been designed in the United States but manufactured at
various facilities worldwide. With regard to the subject
shipments, we are informed that in all cases, the foreign
manufactured garments are wholly assembled or knit to shape
in a single country; thus, the country of origin in each
instance, will be the country in which the garment was
either knit or assembled, pursuant to the textile rulings of
origin set forth in 19 CFR 102.21. Oxford proposes to mark
the imported garments, "Made in ___ (country of origin as
determined under Section 102.21)," followed by the words
"Designed in U.S.A." in lettering of the same size.
ISSUE:
Whether the marking "Made in ___ (country of origin as
determined under Section 102.21), Designed in U.S.A." is an
acceptable country of origin marking for wearing apparel
manufactured abroad from designs created in the United
States.
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 its 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.
Friedlander & Co., 27 C.C.P.A. 297 at 302; C.A.D. 104
(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) provides:
In any case in which the words "United
States," or "American," the letters
"U.S.A.," any variation of such words or
letters, or the name of any city or
location in the United States, or the
name of any foreign country or locality
other than the country or locality in
which the article was manufactured or
produced appear on an imported article or
its container, and those words, letter or
names may mislead or deceive the ultimate
purchaser as to the actual country of
origin of the article, 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.
We note that Customs has previously allowed the phrase
"designed in" to be used in conjunction with country of
origin information. In Headquarters Ruling Letter (HRL)
726695, dated October 19, 1984, Customs ruled that the words
"Designed in West Germany" could appear on packages of
imported ornaments so long as the requirements of 19 CFR
134.46 and the requirements of 19 U.S.C. 1304 were
satisfied. Likewise, in HRL 734144, dated July 5, 1991,
Customs held that a label marked "Designed in U.S.A." with
the words "Made in (Country of Origin)" in close proximity
and in the same size and color as the words "Designed in
U.S.A." satisfied the marking requirements of 19 U.S.C. 1304
and 19 CFR 134.46 so long as the words "Made in (country of
origin)" were legible, conspicuous and permanent. In HRL
559886, dated August 16, 1996, Customs considered imported
figurines manufactured abroad from a mold created and
designed in the U.S. Customs rejected the marking "Designed
and Sculpted in the U.S.A., Made in Thailand" and similar
markings, determining that such markings created the
probability of confusion on the part of the ultimate
purchaser, but held that "Made in (country of origin) based
on a U.S. design," "Made in (country of origin) based on an
original design created in the U.S. using a U.S. mold,"
satisfied the requirements of 19 U.S.C. 1304 and 19 CFR Part
134. In HRL 959608, dated September 12, 1996, Customs
approved the use of the markings "Made in China, Dyed,
Printed and Cut in Italy" and "Made in China, Designed in
Italy" for imported silk scarves.
With regard to the merchandise under consideration,
inasmuch as your proposed marking includes the name of the
country of origin in close proximity to the non-origin
geographic designation ( "Designed in the U.S.A."), and in
letters of at least equal size, it satisfies the stricter
marking requirements of 19 CFR 134.46. Further, the
statement "Designed in U.S.A. which follows the phrase "Made
in ___ (country of origin as determined under Section
102.21)" would not mislead an ultimate purchaser as to the
origin of the garments, as it indicates to the ultimate
purchaser that the garments were only designed in the United
States.
HOLDING:
The proposed country of origin marking " "Made in ___
(country of origin as determined under Section 102.21)",
followed by the words "Designed in U.S.A." in lettering of
the same size, satisfies the country of origin 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 the goods are 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
Commercial Rulings Division