HQ 0731394 - Country of Origin Marking Requirements Applicable to a Printed Paperboard Wall Planner - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0730951 - HQ 0731491 > HQ 0731394

HQ 731394
December 8, 1988

MAR 2-05 CO:R:C:V 731394 LR

CATEGORY: MARKING

K. Chapman
Keenercal Inc.
152 Howland Avenue
Toronto, Ontario M5R 3B5

RE: Country of Origin Marking Requirements Applicable to a Printed Paperboard Wall Planner

Dear Ms. Chapman:

This is in response to your letter dated March 25, 1988, addressed to the Regional Commissioner of Customs, New York, requesting a decision concerning whether your proposed method of marking the country of origin on a wall planner made in Canada is acceptable. Your letter, along with the submitted sample, was forwarded to our office for reply.

FACTS:

The submitted sample is a printed paperboard wall planner which measures approximately 2' x 3', with the words "University of Vermont" appearing in large print across the top. The word "Vermont" appears in small print on the top right of the planner across the shirt of "Charlie Catamount", the University of Vermont mascot. The phrases, "Lithographed in Canada" and "Product of North America", are to appear at the bottom of the wall planner (the former on the bottom right; the latter on the bottom center). We assume that the wall planner is made entirely in Canada since the letter does not indicate otherwise.

ISSUES:

1. Do the two references to "Vermont" trigger the requirements of section 134.46, Customs Regulations?

2. Do the two phrases "Lithographed in Canada" and "Product of North America" adequately "indicate" the country of origin?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires, subject to certain specified exceptions not applicable here, 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 manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin (emphasis added).

Section 134.46, Customs Regulations (19 CFR 134.46), sets forth special requirements that are applicable when the name of a country or locality other than the country of origin appears on the imported article. Specifically, 19 CFR 134.46 requires that the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning shall appear, legibly and permanently, and in close proximity to such words and in at least a comparable size.

ISSUE NO. 1

Although the requirements of 19 CFR 134.46 would generally apply whenever the word "Vermont" (or the name of some other place other than the country of origin) appeared on a Canadian- made article, Customs has ruled that these requirements do not apply when the place name appears in the text or content of printed material. Customs is of the opinion that in these circumstances, a reference to a place other than the country of origin would not confuse the ultimate purchaser as to the true country of origin. (See HQ 729817, dated November 13, 1986).

In this case, the article is question is a wall planner that is designed to be used by individuals who either attend, or would like a souvenir of the University of Vermont. The two references to "Vermont" are an integral part of the printed wall planner, appearing in the context of the printed material itself and are not an indication of origin. Accordingly, the requirements of 19 CFR 134.46 are not applicable.

ISSUE NO. 2

As indicated above, every article of foreign origin that is subject to the requirements of 19 U.S.C. 1304 must be marked in a manner as to indicate to an ultimate purchaser in the U.S. the

English name of the country of origin. In American Burtonizing Co. v. United States, 13 CCA 652, T.D. 4 489 (1926), the U.S. Court of Customs Appeals interpreted the word "indicate" in the context of section 304(a) of the Tariff Act of 1922, the predecessor of section 19 U.S.C. 1304. The court stated that:

It is not reasonable to suppose that Congress, by the use of the word "indicate," meant only that the words used should hint at the country of origin. The object sought to be obtained by the legislature could best be obtained by an indication which was clear, plain, and unambiguous and which did more than merely hint at the country of origin. We do not think that Congress intended that American purchasers, consumers, or users of foreign-made goods should be required to speculate, investigate, or interpret in order that they might ascertain the country of origin.

In HQ 730647, dated August 21, 1987, affirmed in HQ 730695, dated September 16, 1987, the phrase, "MADE IN TAIWAN NATIONAL HEADQUARTERS IN U.S.A.", was found to be unacceptable marking because it is subject to various interpretations, including one that implies that the goods were made in the U.S.

While Customs has, for purposes of 19 U.S.C. 1304, allowed the phrase "Lithographed in (country of origin)" on certain printed material (HQ 730659, dated August 26, 1987), the phrase would be unacceptable if it is accompanied by some other origin indicator which may be confusing to the ultimate purchaser. In this case, we are of the opinion that the phrase "Product of North America" may confuse the ultimate purchaser as to the origin of the printed material. North America includes, inter alia, the United States, and this fact may lead an ultimate purchaser to conclude that, while the planner is lithographed in Canada, it is, by virtue of some other manufacturing processes, a product of the U.S. As such, we find that the proposed marking is not clear, plain and unambiguous and that it does not properly "indicate" the country of origin as required by 19 U.S.C. 1304.

Any of the following markings would properly indicate the country of origin: "Lithographed in Canada" (provided the language "Product of North America" is omitted); "Product of Canada" or "Product of North America (Canada)."

HOLDING:

The proposed marking "Lithographed in Canada" on a printed paperboard wall planner of Canadian origin is unacceptable country of origin marking when the phrase "Product of North America" also appears on the product.

Sincerely,

Marvin M. Amernick

Previous Ruling Next Ruling