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HQ 731035


February 29, 1988

MAR-2-05 CO:R:C:V jd

CATEGORY: MARKING

Ms. Gerlinde Wendel
President, TOP-U.S.A. Corporation
7870 Olentangy River Road
Suite 109, P.O. Box 628
Worthington, Ohio 43085

RE: Country of origin marking requirements on card cases

Dear Ms. Wendel:

This is in response to your letter of February 3, 1988, requesting a ruling on country of origin marking requirements applicable to a small leather card case.

FACTS:

You submitted a sample leather card case approximately 4" long x 2 1/2" high. The case has 1 pocket on one side and 2 pockets on the other side. The sample has your company name and address imprinted in gold ink on the exterior of the 1 pocket side, and inside that pocket is an adhesive label with the words "MADE IN KOREA".

Based on your letterhead which states, "...enlightening premium ideas", we assume that you imprint such cases for your customers with their company names, addresses, and/or advertising, and they in turn distribute the cases to their customers.

You have asked whether a label sewn in the same place as the sticker will satisfy country of origin marking laws.

ISSUES:

Will a label with country of origin marking information sewn inside the pocket of a card case satisfy country of origin marking laws?

Will such a label be sufficient if the card case is imprinted on an exterior surface with a reference to some place other than the country of origin?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that 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 container) will permit in such a manner as to indicate to the ultimate purchaser the English name of the country of origin of the article. Section 134.1(d), Customs Regulations (19 CFR 134.1(d)), defines ultimate purchaser as "generally the last person in the U.S. who will receive the article in the form in which it was imported." { 134.1(d)(4) states that if an article is to be given away as a gift the recipient is the ultimate purchaser.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "U.S.", or "American", the letters "U.S.A.", any variation of such words or letters, or the name of any city or locality 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 appear on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least comparable size, the name of the country of origin preceded by "Made in", "Product of", or other words of similar meaning. To be considered "in close proximity", the country of origin information must be visible simultaneously with the reference to the place other than the country of origin, without any manipulation of the article.

HOLDING:
Country of origin marking information contained on a label sewn in the interior pocket of a card case satisfies country of origin marking law. However, if an exterior surface of the card case is imprinted, or otherwise marked, with a U.S. address, or some other reference to a place other than the country of origin of the card case, the sewn-in label fails to meet the close proximity requirement of { 134.46, Customs Regulations. In those instances, an adhesive label with the country of origin preceded by the words "Made in", or "Product of", or other words of similar meaning, placed on the same surface as the imprinting or other marking is required.

Sincerely,

John Durant

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