HQ 0731760 - Country of origin marking requirements for sterling silver stamped earrings - United States International Trade Commision Rulings

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HQ 731760

December 27, 1989

MAR 2-05 CO:R:C:V 731760 PH

CATEGORY: MARKING

Mr. Steve Sailofsky
Chateau D'Argent
3441 Ashby-St. Laurent
Quebec, Canada 44R 2K3

RE: Country of origin marking requirements for sterling silver stamped earrings

Dear Mr. Sailofsky:

This is in response to your letter of August 15, 1988, concerning the country of origin marking requirements for sterling silver stamped earrings made in Canada.

FACTS:

The submitted sample consists of four earrings, each approximately 1/4" to 1/2" in diameter and two of which are of cut-out design. You have inquired whether stamping the earrings with the abbreviation "CAN" or "CDN" would satisfy country of origin marking requirements. You claim that the earrings are too small to allow for more than a three digit mark. In addition, you claim that carding the earrings, to enable "made in Canada" to be legible, would be economically prohibitive and that using hang tags would be impractical.

ISSUE:

Does stamping individual earrings with "CAN" or "CDN" satisfy the requirements of 19 U.S.C. 1304?

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. Part 134, Customs Regulations (19 CFR Part 134), sets forth regulations implementing the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41, Customs Regulations (19 CFR 134.41), provides that the marking of an imported product must be conspicuous enough so that the ultimate purchaser will be able to find the marking easily and read it without strain. Notice of acceptable markings other than the English name of the country of origin shall be published in the "Federal Register" and the "Customs Bulletin." Section 134.45(b), Customs Regulations (19 CFR 134.45(b), states that abbreviations which unmistakably indicate the name of a country are acceptable.

Customs has ruled that neither "CDA" (724336 dated January 16, 1984) nor "CAN" (722566 dated September 14, 1983) are acceptable abbreviations for Canada for country of origin marking purposes under 19 U.S.C. 1304. Neither abbreviation unmistakably indicates Canada as the country of origin to the ultimate purchaser. Likewise, it is our position that "CDN" is not an acceptable marking under 19 U.S.C. 1304. Accordingly, the mere stamp of "CAN" or "CDN" on the individual earrings is not suf- ficient. Furthermore, we note that due to the size of the earrings, any marking on the individual pieces would not be found easily or read without strain by the ultimate purchaser.

With regard to the alternative methods of country of origin marking addressed in your letter, it is the opinion of this office that you have not provided sufficient explanation as to why these methods are unsuitable. Although you assert that carding the earrings is economically prohibitive, you have not provided any cost estimates to support this. You further state that hang tagging each pair of earrings is not sufficient because the tags fall off. However, you have not demonstrated how the tags would fall off, especially in light of the fact that each could be secured in place with the earring back. We note that each of these methods is commonly used in the United States and would be acceptable under Customs marking requirements. In addition, we note an alternative acceptable method of placing each pair of earrings in a plastic bag and using a hang tag.

HOLDING:

Based on the above considerations and after examination of the samples submitted, we find that the abbreviations "CAN" and "CDN" are not acceptable because they do not unmistakably designate the country of origin to the ultimate purchaser. As
the proposed stamped abbreviations do not comply with 19 CFR 134.45(b) we suggest that you mark the earrings by one of the alternative acceptable methods that would allow for use of the whole word "Canada."

Sincerely,

Marvin M. Amernick

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