COUNTRY OF ORIGIN MARKING OF AN IMPORTED WOMEN’S JACKET

N056509 April 21, 2009 MAR-2 OT:RR:NC:TA:359 CATEGORY: MARKING Mr. Terrance O’Neill Maersk Customs Services Inc. 680 Knox Street, Suite 200 Torrance, CA 90502 RE: COUNTRY OF ORIGIN MARKING OF AN IMPORTED WOMEN’S JACKET Dear Mr. O’Neill: This is in response to your letter dated March 30, 2009, filed on behalf of BCBG Max Azaria Group, Inc., requesting a ruling on whether the proposed marking is an acceptable country of origin marking for an imported women’s jacket, if another marking appears on the article containing a reference of a country or locality other than the actual country of origin of the article. The sample garment submitted with your letter for review was not marked for country of origin. The submitted sample is being returned to you with this letter. You have indicated that the submitted sample women’s jacket will be conspicuously marked for country of origin as is normal and required for wearing apparel. The sample jacket has appliqués across the upper front panels which spell out “BCBG PARIS”. Additionally, photo copies of proposed hangtags were submitted for review which have “BCBG Paris” printed on the front. Printed on the back of the proposed hangtags are “BCBG Paris”, style number and description, UPC, color, size, BCBG.COM, and the price. You have supplied copies of documentation on the filing of the Trademark/Service Mark Application and Registration with the United States Patent and Trademark Office for the “BCBG PARIS” mark. This pending application covers numerous articles including various wearing apparel garments, undergarments, accessories, headwear, hats, and footwear. The marking statute, section 304, 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 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. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases 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 locality 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, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, 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. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side or surface in which the name or locality other than the actual country of origin appears. Section 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark or trade name or as part of a souvenir marking, the name of the actual country of origin must appear in close proximity to the place name “or in some other conspicuous location”. Whether the country of origin appears “in close proximity” or in some other conspicuous place, the name of the country of origin must be preceded by “Made in,” “Product of,” or words of similar meaning. In other words, if the question concerns a trademark, trade name or souvenir marking, the country of origin marking need only meet the general standard of conspicuousness. In HRL 561060, Customs held that if 19 CFR 134.47 is triggered, marking the country of origin of garments on sewn-in labels is sufficient to satisfy the requirements of 19 U.S.C. 1304 and 19 CFR 134.47. It was found to be unnecessary to require additional country of origin marking on the hangtag of garments containing a trademark with a non-origin geographical reference. 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 necessarily 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 abbreviation "USA" displayed prominently 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. Likewise, in C.S.D. 89-73 (February 2, 1989), Customs held that an imported man's pullover shirt which prominently displayed the words "Christian Dior, 30 Avenue Montaigne, Paris 75008" across the back, did not invoke the application of 19 CFR 134.46 because the true country of origin of the article was indicated conspicuously on a label inside the neckband. Customs has previously held that a filed trademark registration application is sufficient evidence of a trademark for purposes of determining whether the requirements of 19 CFR 134.47 (rather than 134.46) apply. See Headquarters Ruling Letter (HQ) 734455, dated July 1, 1992. We note that in discussing the use of a trademark application to invoke 19 CFR 134.47, HQ 734455 stated "However, if for some reason the application is denied, then the requirements of 19 CFR 134.46 will have to be complied with."Based on this body of ruling letters, the provisions of 19 CFR 134.47 and 19 U.S.C 1304 would be satisfied if the jacket containing the registered trademark described above, is otherwise properly and conspicuously marked with its country of origin “in the inside center of the neck midway between the shoulder seams or in that immediate area” as ruled by Customs in T. D. 54640 (6). On the basis of information described above, we find it unnecessary to require additional country of origin marking on the hangtags containing the trademarks with the non-origin geographical reference. Additionally, the trademark “BCBG PARIS” appliqués would be considered a decoration and would not reasonably be construed as indicating the country of origin of the submitted jacket sample. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Francine Vivona-Brock at (646) 733-3049. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division