MAR 2-05 CO:R:C:V 733259 LR

Ms. Martha L. Corgan
M&L International Co.
7700 Gross Point Road
Skokie, Ill. 60077

RE: Country of origin marking of garment with references thereon to places other than the country of origin; 19 CFR 134.46.

Dear Ms. Corgan:

This is in response to your letter dated April 4, 1990, concerning the country of origin marking requirements of a knit top with references thereon to places other than the country of origin.

FACTS:

A sample child's pullover knit top was submitted. It contains four patches sewn on the front of the garment with the words "St Moritz", "Tahiti", "Rome", and "Alaska". These patches appear as part of the design of the garment. The garment is marked "Made in Philippines" on a sewn-in textile label permanently affixed to the back neck area below the brand name label. A hangtag is affixed to the garment with the words "Bonjour International" "Around the World". There are no names of any localities on the hangtag.

ISSUE:

Whether a knit top which is made in the Philippines and has as part of its design, four patches on the front which include the name of localities other than the country of origin, requires any marking other than the center neck 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 section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

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. 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, section 134.46, Customs Regulations (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 use of the abbreviated "USA" displayed 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 garments' design and they would not mislead or deceive the ultimate purchaser or in any way connote that "Kansas" is the place of manufacture.

In contrast, a locality other than the country of origin is morely likely to cause confusion where it appears on a hangtag attached to a garment. This is because a hangtag is designed to attract the attention of the purchaser and generally contains information about the article to which it is attached. As such, a reference on the hangtag to a locality other than the country of origin of the article to which it is attached is potentially misleading with regard to the garment's country of origin. Thus, in HQ 731032, September 6, 1988, Customs determined that a hangtag bearing a U.S. reference attached to an imported handbag had to be marked to indicate the country of origin of the handbag even though the handbag was marked by means of a sewn-in-label inside. See also HQ 732486, September 5, 1989 (use of phrase "Riviera Line" on a hangtag attached to imported garments triggers the requirements of 19 CFR 134.46).

In this case, although the patches on the front of the garment include the names of localities other than the country of origin, we conclude that they would not cause any confusion regarding the origin of the product. We note that they are included as decoration on the garment and are an integral part of its design. As such, the ultimate purchaser would view these patches solely as a part of the design of the garment and not as an indicator of origin. Thus, we find that the requirements of 19 CFR 134.46 are not applicable. The requirements of 19 U.S.C. 1304 are satisfied so long as the garment is marked permanently, legibly and conspicuously.

HOLDING:

Patches on the submitted sample knit top which contains place names other than the country of origin of the top do not trigger the requirements of 19 CFR 134.46. The garment, which is conspicuously marked in the center of the neck by means of a sewn-in fabric label satisfies the requirements of 19 U.S.C. 1304.


Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch