MAR-2-05 CO:R:C:V 733768 EAB

Harold I. Loring, Esquire
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, New York 10017

Re: Country of origin marking of garment with references thereon to places other than the country of origin. shirt; shirtband; 19 CFR 134.46; 712013; 723604; 731032; 732486; 733259

Dear Mr. Loring:

This is in response to your letter dated September 7, 1990, on behalf of Tommy Hilfiger Sportswear, Inc., concerning the country of marking requirements of a shirt with references on the packaging to places other than the country of origin.

FACTS:

Visual examination of the submitted sample shows a fabric label sewn into the nape of the neck, "Made in Macau, 100% Cotton" being legible and conspicuous. Wrapped around the folded and pinned shirt is a fabric band indicating the phrase "American Classics" and "Tommy Hilfiger" in alternating sequence.

ISSUE:

Whether the sample shirt made in Macau and using as part of its designer packaging the phrase "American Classics" requires any marking other than the "Made in Macau" on the center neck label in order to satisfy the requirements of 19 U.S.C. 1304and 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 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. 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 in the U.S. is able to find the marking easily and read it without strain. As set forth in T.D. 54640(6), a fabric label sewn into the center of the neck band of a shirt is a conspicuous location.

In cases where the word "American" appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such word, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Produced in," or other words of similar meaning, 19 CFR 134.46. The obvious purpose here is to avoid misleading the ultimate purchaser as to the true origin of the article. With this in mind, Customs has often distinguished cases where reference to a place other than the country of origin on an imported article is found unlikely to confuse the ultimate purchaser as to the country of origin of the article. For example, in HQ 723604 (November 3, 1983) and HQ 712013 (January 16, 1980), Customs held that the letters "USA" displayed on imported men's bikini-style swimming trunks did not trigger the requirements of 19 CFR 134.46 because such marking was used as a symbol or decoration and would not be reasonably construed as indicating the country of origin of the article on which it appeared. In HQ 733259 (August 3, 1990), patches naming locations other than the country of origin and sewn onto the front of a child's knit top were found to be decorative and an integral part of the design not causing any confusion regarding the origin of the product; the requirements of 19 CFR 134.46 were not applicable.

In contrast, a locality other than the country of origin is more likely to cause confusion where it is not part of the design of the article itself, but, for example, 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. Customs considers a reference on the hangtag to a locality other than the country of origin of the article to be potentially misleading. In HQ 731032 (September 6, 1988), we determined that a hangtag bearing a U.S. reference and attached to an imported handbag had to be marked to indicate the country of origin of the handbag, even though the handbag itself was marked by means of a label sewn into the lining of the handbag. See also HQ 732486 (September 5, 1989), where the use of the phrase "Riviera Line" on a hangtag triggered the requirements of 19 CFR 134.46.

In this case, the shirt band is not an integral part of the design of the shirt and the words "American Classic" thereon could lead the ultimate purchaser to the erroneous conclusion that the shirt was made in the U.S. Nonetheless, we find that the submitted sample is properly marked. First, the shirt is legibly, permanently and conspicuously marked with the country of origin by means of a fabric label sewn into the center of the neckband. Second, the "Made in Macau" marking appears in comparable size letters and is clearly visible at the same time as the "American Classic" markings. Therefore, any confusion that could result from the marking on the band is eliminated by the prominent country of origin marking in the neck. We find that the requirements of 19 CFR 134.46 are satisfied in this case. (Although the phrase "American Classic" also appears on the back of the band, no country of origin label is required on the back of the shirt because any possible confusion caused by these words is eliminated by the prominent marking on the front.)

HOLDING:

The sample shirt which uses a part of its packaging a fabric band with the phrase "American Classics" does not require any marking other than "Made in Macau" on the center neck label in order to satisfy the requirements of 19 U.S.C. 1304 and 19 CFR 134.46.

Sincerely,

John Durant, Director
Commercial Rulings Division