HQ 0731908 - Country of Origin Marking Requirements for Rifle Scopes - United States International Trade Commision Rulings

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HQ 731908
May 15, 1989

MAR-2-05 CO:R:C:V 731908 KG

CATEGORY: MARKING

Glenn R. Levitt
Associated Customhouse Brokers, Inc.
One Airport Way, Suite 205
Post Office Box 22670
Rochester, NY 14692

RE: Country of Origin Marking Requirements for Rifle Scopes

Dear Mr. Levitt:

This is in response to your letter dated October 25, 1988, requesting a ruling on whether your proposed method of marking the country of origin on retail packages containing rifle scopes made in Korea satisfies section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304).

FACTS:

Your client imports air rifles and accessories and is concerned about the country of origin marking of rifle scopes packaged in retail containers for sale to consumers in the U.S. You confirmed in your conversation with a staff attorney in my office that your client is no longer using the slogan on its packaging but requested a ruling on the prospective use of the slogan in the future.

On each panel of the copy of the container submitted for our examination there is a slogan "#1 IN AMERICAN AIR POWER!" appearing below the name of the importing company. The country of origin marking is located in the lower right hand corner of the panel containing the instructions for the mounting and use of this product and the U.S. address of the importing company. The lettering "Made in Korea" is about the same size as the U.S. address and the slogan.

ISSUE:

Whether a container with the slogan "#1 IN AMERICAN AIR POWER!" appearing below the name of the importing company on each panel and a country of origin marking on the panel containing the assembly instructions for the product and the U.S. address of the importing company satisfies 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. 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. Section 134.46, Customs Regulations, 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.

We are of the opinion that the country of origin marking on the copy is legible, not difficult to locate and is juxtaposed to the instructions for mounting and using the rifle scope, which the consumer would be likely to read. The marking "Made in Korea" is in the lower right hand corner of the same panel near the U.S. address of the importer and is comparable in size to the slogan and the U.S. address. Based on these facts, the slogan would not deceive or mislead the ultimate purchaser of the product. Therefore, the marking on the container, as printed on the copy submitted, is acceptable for country of origin marking purposes.

HOLDING:

The marking of country of origin on containers of rifle scopes, as described above, satisfy the requirements of 19 U.S.C. 1304 and 19 CFR 134.46.

Sincerely,

Marvin M. Amernick

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