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