HQ 0731663 - Country of origin marking requirements of books - United States International Trade Commision Rulings

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HQ 731663
July 18, 1989

MAR-2-05 CO:R:C:V 731663 KG

CATEGORY: MARKING

District Director of Customs
11 West Huron Street
Buffalo, New York 14202

RE: Country of origin marking requirements of books

Dear Mr. Brainard:

This is in response to your memorandum of July 5, 1988, (MAR-2-05-COD:RP) forwarded to us as IA 36/88 by the Chief, NIS Branch I, under cover of a memorandum dated July 27, 1988 (MAR- 2-S:NI:234-52), concerning the proper country of origin marking of books. We regret the delay in responding.

FACTS:

You asked the following three questions: (1) Is marking the country of origin on the inside cover or title page of a book consistent with the intent of Part 134? (2) If a U.S. reference is made on the title page of a book, must the country of origin also appear on the title page?(3) Where publication data on the title page is different from the country of origin as shown on the outside or inside cover of the book, would this be considered deceptive under 19 CFR 11.13?

The Chief, NIS Branch I, stated that the policy for country of origin marking of books was established by ORR Ruling 393-71 (June 24, 1971)("ORR Ruling 393-71"). He suggested that ORR Ruling 393-71 be reviewed.

ISSUE:

What is the proper country of origin marking on a book.

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 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. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose 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 at 302 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

As you note, section 11.13(c) of the Customs Manual ("section 11.13(c)"), imposed special marking requirements on books. However, Customs Directive 2120-01 dated December 21, 1984, rescinded the Customs Manual and the special marking requirements for books were never incorporated into 19 CFR Part 134. Therefore, the special marking requirements set out in section 11.13(c) are not in effect.

In ORR 393-71, Customs ruled on the country of origin marking of imported music guides. The basis cited for the ruling was the special marking requirements for books contained in section 11.13(c). The ruling letter was issued in 1971, prior to the 1984 rescission of section 11.13(c). The ruling letter was a correct interpretation of the marking requirements for books in 1971.

Section 134.41, Customs Regulations (19 CFR 134.41), requires that "the ultimate purchaser in the U.S. must be able to find the country of origin marking easily and read it without strain." A marking should be placed in a location where the ultimate purchaser would be expected to look. For instance, pamphlets must be marked on the outside front or back cover page, ruling letter HQ 729795 (October 1, 1986). However, in HQ 729795 the difference in structure between a pamphlet and a book, which has a standard structure and format, was noted. It is customary for a book to contain publishing, printing and copyright information on the title page and on the back of the title page. Therefore, the ultimate purchaser could reasonably expect to look for such information on the title page or the back of the title page. Therefore, placing the country of origin marking on the title page would satisfy 19 CFR 134.41 if the print size is large enough to read and otherwise able to be seen without strain by the ultimate purchaser.

However, 19 CFR 134.41 does not require that the country of origin marking appear in the most conspicuous place or any other specific location. In a case involving the country of origin marking of trousers, Customs stated that "the marking statute, 19 U.S.C. 1304, requires only that the marking be in a conspicuous place and we are reluctant to specify a precise place where alternatives may fairly exist..." HQ 724886 (March 28, 1984). Section 11.13(c), which set forth specific places where the country of origin marking for books was required to be placed, was rescinded together with the entire Customs Manual. In the absence of a specific factual setting, we are reluctant to arbitrarily require that the country of origin marking for books always appear in a specific location. It would be necessary to examine the facts of a particular case to determine whether marking the country of origin in a particular location in a book would be conspicuous or not.

Your second question concerns section 134.46, Customs Regulations (19 CFR 134.46), which requires that when the name of any city or locality in the U.S., other than the name of the country or locality in which the article was manufactured or produced, appears 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 a comparable size, the name of the country of origin preceded by "Made in,""Product of," or other words of similar meaning. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser of the origin of the imported article.

Publication of books refers to the distribution of a book. For instance, if Company A is listed as the publisher of a particular book, this means that Company A is handling the distribution of the book and may or may not have also printed and bound the book. As stated above, books usually have publication and printing information on the front and back of the title page. Retail purchasers of books are aware of the usual location of this information and it is reasonable that a purchaser would examine the title page to find the country of origin. The purpose of 19 CFR 134.46 is to prevent consumer deception or misrepresentation as to the origin of imported products. To accomplish that goal, 19 CFR 134.46 requires close proximity between the location of a U.S. address and the country of origin. Because retail purchasers could reasonably expect to find all the pertinent publication, printing and copyright information related to a book on either the front or back of the title page and could therefore, look at the title page if they were confused by information appearing elsewhere, an importer satisfies 19 CFR 134.46 if the country of origin is placed on the front or back of the title page and otherwise complies with the requirements of 19 CFR 134.46.

Your third question asks whether it is deceptive under 19 CFR 11.13 to have publication data on the title page that is different from the country of origin on the outside or inside cover. The statutory authority for 19 CFR 11.13 is 15 U.S.C. 1124 and 15 U.S.C. 1125. These statutes have been interpreted by various courts in cases involving misrepresentation of products. The language of 19 CFR 11.13 deals with false designations of country of origin and not deceptive designations of origin. However, printing the name of any foreign country other than the country of origin on an imported article could be deceptive. The proper recourse would depend on the facts involved. At a minimum, such a situation would invoke 19 CFR 134.46. For the reasons stated above, if a foreign reference is printed on the title page, the country of origin should be located on the front or back of the title page and otherwise comply with the requirements of 19 CFR 134.46.

HOLDING:

Marking the country of origin on the title page of a book is conspicuous as set forth in 19 CFR 134.41. If there is a U.S. address on the title page of a book, 19 CFR 134.46 is satisfied if the country of origin appears on the front or back of the title page. If there is a foreign reference to a country other than the country of origin on the title page of a book, 19 CFR 134.46 is satisfied if the country of origin appears on the front or back of the title page.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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