MAR-2-05 CO:R:C:V 734876 ER
Frank J. Schuchat, Esq.
Robert P. Parker, Esq.
Paul, Weiss, Rifkind, Wharton & Garrison
1615 L Street, NW
Washington, DC 20036-5694
RE: Country of Origin Marking; Jackets; Conspicuous; Location;
Label; TD 54640(6); 19 CFR 134.46; 19 CFR 134.47; Comparable
Size; U.S. Reference Part of Design of Garment.
Dear Messrs. Schuchat and Parker:
This is in response to your letter dated October 2, 1992, on
behalf of your client, Nirock International, Inc. ("Nirock"), in
which you request a ruling concerning the country of origin
marking requirements for certain imported jackets.
FACTS:
Nirock, an importer of fashion apparel and accessories,
plans to import jackets made in China that have sewn-in labels
bearing the logo "GANT American Collection." The logo labels
will be permanently affixed to the inside of the jacket's collar,
immediately above the country of origin label. The country of
origin label will be permanently affixed to the inside of the
collar, halfway between the shoulder seams, such that the origin
notice is facing outward -- that is, the country of origin is
visible without manipulation of the label. The garment care
label will be underneath the country of origin label. A larger
"GANT American Collection" insignia will be embroidered on the
back panel of the jacket as part of the design of the garment.
The lettering on the country of origin label is in block
style and measures approximately 1/8 inch in height. The legend,
"Made in China", measures approximately 7/8 inch in length. The
lettering in the words "American Collection" on the logo label
designed to appear in the neck area of the jacket is in script
style and measures approximately 1/8 inch in height and
approximately 2.5 inches in length. The letters "A", "C" and the
"l's" are twice the height of any letter in the origin label.
You state that the lettering to be embroidered on the back panel
of the jacket measures approximately 1/4 inch in height. Samples
of the logo label for the neck area of the garment, garment care
instructions and country of origin label were submitted with the
ruling request. No sample was received of the embroidered jacket
with labels attached.
ISSUE:
What are the country of origin marking requirements for
jackets imported from China which feature the words "GANT
American Collection" on a label attached in the inside neck
area of the jacket as well as on the rear panel of the jacket?
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 (or its container) imported into the United States 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 United States the English name of the country of the
article. Part 134, Customs Regulations (19 CFR 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304.
The primary purpose of the country of origin marking statute
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., 27
C.C.P.A. 297, C.A.D. 104 (1940). 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 is able to find the marking easily and read it without
strain. Section 134.1(d), Customs Regulations (19 CFR 134.1(d))
defines the "ultimate purchaser" generally as the last person in
the United States who will receive the article in the form in
which it was imported.
Relevant to your inquiry is whether the words "GANT American
Collection" embroidered on the rear panel of the jacket and
appearing on a label to be attached in the neck area of the
jacket are potentially misleading to the ultimate purchaser as to
the actual country of origin of the imported article. In cases
where a reference to a locality other than the country of origin
appears on imported merchandise, special marking requirements set
forth in sections 134.46 and 134.47, Customs Regulations (19 CFR
134.46 and 19 CFR 134.47) may be triggered. The purpose of both
provisions is the same, namely to prevent the ultimate purchaser
from being misled or deceived when the name of a country or place
other than the country of origin appears on an imported article
or its container. The critical difference between the two
provisions is that section 134.46, Customs Regulations (19 CFR
134.46) requires that the name of the actual country of origin
appear "in close proximity" to such words and in lettering of at
least comparable size. By contrast, section 134.47, Customs
Regulations (19 CFR 134.47) is less stringent, providing that
when as part of a trade name, trademark or souvenir mark, the
name of a location other than the country of origin appears, the
name of the actual country of origin must appear in close
proximity or "in some other conspicuous location". In other
words, the latter provision triggers only a general standard of
conspicuousness. In either case, the name of the country of
origin must be preceded by "Made in", "Product of", or other
similar words.
No information was provided regarding the application of 19
CFR 134.47, hence, for purposes of this ruling we will assume
that the words "GANT American Collection" are not part of a trade
mark or trade name. Consequently, the more stringent standard of
conspicuousness of 19 CFR 134.46 applies. In your submission you
state that the "GANT American Collection" label destined for the
neck area will be featured one inch above the country of origin
label and in lettering of equal size. Affixed in this manner,
you assert that the country of origin label displaying the words
"Made in China" is visible without any manipulation of labels.
This is the requisite location for country of origin labels for
shirts, t-shirts, jackets and the like, as described in T.D.
54640(6). Therefore, based on your description that the country
of origin label will be affixed in the inside center of the neck
area, midway between the shoulder seams or in that immediate
area, we find that the location requirement is satisfied.
However, a comparison of the lettering size on the country
of origin label and the words "American Collection" on the logo
label destined for the neck area, reveals that the comparable
size lettering requirement set forth in 19 CFR 134.46 is not met.
While some of the letters in the country of origin legend and the
logo are of the same height, the overall effect is that the words
"American Collection" are much more visible than are the words
"Made in China". This is because the words "American Collection"
are featured in a slanted script style and are more widely spaced
than the block style letters in the country of origin label.
Also, the letters "A", "C" and the "l's" are twice the height of
any letter in the origin label. Consequently, to comply with 19
CFR 134.46, either the letters in the country of origin label
will have to be enlarged to be at least comparable in size
(height and width) to those in the logo, or the letters in the
logo will have to be reduced to be no larger (height and width)
than the letters in the country of origin.
Customs finds that the "GANT American Collection" insignia
(to be embroidered on the rear panel of the jacket) is part of
the design of the garment and falls within the ambit of those
cases distinguished by Customs where reference to a country or a
locality other than the country of origin on an imported article
(or its container) 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 determined 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. See also, HQ 733259 (August 3, 1990) and HQ 733695
(January 15, 1991).
HOLDING:
The "Gant American Collection" insignia appearing on the
back panel of the imported jackets is part of the design of the
garments and does not trigger application of 19 CFR 134.46.
However, the logo, "American Collection", featured on the label
inside the neck/shoulder area of the garments does trigger the
requirements described in 19 CFR 134.46. In order to meet these
these requirements, the country of origin label or the logo
inside the neck/shoulder area of the garment must be altered to
comply with the comparable letter size standard, as described
above in the ruling.
Sincerely,
John Durant, Director
Commercial Rulings Division