HQ 0732193 - Country of origin marking requirements for imported dolls - United States International Trade Commision Rulings

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HQ 732193

November 14, 1989

MAR 2-05 CO:R:C:V 732193 pmh

CATEGORY: MARKING

Mr. Joel R. Platt
9333 Milwaukee Avenue
Niles, Illinois 60648

RE: Country of origin marking requirements for imported dolls

Dear Mr. Platt:

This is in response to your March 3, 1989 letter requesting a ruling on the country of origin marking requirements for imported dolls with stuffed bodies and porcelain heads, legs and arms.

FACTS:

Your client (the importer) imports dolls with stuffed bodies and porcelain heads, legs and arms into the U.S. and Canada from Taiwan. Because Canadian regulations require a label describing the stuffing of imported dolls, in the past the importer has affixed such labels to the dolls imported into Canada. The importer now wishes to import dolls into the U.S. with the "Canadian Labels." You have submitted a copy of the label for our inspection. The sample label is a double label, i.e., the same information is displayed in both English and French. The label indicates that it should not be removed until it reaches the consumer and makes reference to the Canadian statute requiring compliance. At the bottom of the label, in small lettering, appear the words: "Reclaimed Fibre/Cotton Made In Taiwan."

ISSUE:

Whether the sample label complies with U.S. country of origin marking requirements.

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 or its container, imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as
the nature of the article will permit in such a manner as to indicate to an 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), implements 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.

After careful examination of the copy of the sample label, we have concluded that the country of origin marking is not sufficiently conspicuous to meet the requirements of 19 U.S.C. 1304. Due to the size and placement of the lettering, the name of the country of origin is not readily found. The lettering is of the same size and boldness as the rest of the information on the label and appears at the bottom of the label directly after information regarding fiber content. Furthermore, it is not clear from the wording of the mark ("Reclaimed Fibre/Cotton Made In Taiwan") whether it is the doll, or merely the cotton filling, that is a product of Taiwan. Consequently, we suggest that the importer either change the label so as to make it clear that the doll is a product of Taiwan, and change the size and boldness of the lettering so as to make it more conspicuous, or, in the alternative, place another label on the doll indicating the country of origin in a manner consistent with 19 U.S.C. 1304 and 19 CFR Part 134.

HOLDING:

Based on the above considerations, we find that the country of origin marking on the submitted label does not comply with the requirements of 19 U.S.C. 1304 and 19 CFR 134.41 and, therefore, is not acceptable.

Sincerely,

Marvin M. Amernick

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