HQ 0732236 - Country of origin marking requirements for porcelain ornamental articles - United States International Trade Commision Rulings

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HQ 732236

January 30, 1990

MAR 2-05 CO:R:C:V 732236 pmh

CATEGORY: MARKING

Ms. Linda Dudzinski
LCD International
5710 W. Manchester Avenue
Suite 109-B
Los Angeles, CA 90045

RE: Country of origin marking requirements for porcelain ornamental articles

Dear Ms. Dudzinski:

This is in response to a letter dated March 16, 1989, from Ms. Karen West on behalf of the client, The Hamilton Group (the importer). Ms. West has requested a ruling on the country of origin marking requirements for imported porcelain ornaments and ornamental containers. Ms. West indicated that we should direct our response to your attention. We regret the delay.

FACTS:

Decorative porcelain articles are imported from various countries. Two samples have been submitted for our examination. One is a hanging porcelain ornament that is approximately three inches high and the other is a porcelain container for burning incense. Each of the articles is individually marked with the country of origin by means of an adhesive label or stamp on the bottom of the article. The importer wishes to know whether the articles may be excepted from individual country of origin marking due to the fact that they are only sold in individual decorative retail boxes that are marked with the country of origin. The articles have been submitted in sample retail boxes. One box is approximately 6" high by 3" deep and 3" wide. On the back of the box is a smaller panel of text regarding the Holiday season. At the bottom of the text are the words "Cheryl Johnson 1988" and "Made in Korea" in lettering approximately 1/8 of an inch. The smaller box measures approximately 3 1/2" by 3" wide and 2 1/2" deep. On the back of the box is a small panel bearing the name of the importer and distributer. At the bottom of the panel are the words "Made in Taiwan" in lettering less than 1/16 of an inch.

ISSUE:

Whether the imported articles may be excepted from individual country of origin marking pursuant to 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d).

Whether the retail boxes in which the articles are sold, are marked in compliance with 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, in general, that all articles 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. Pursuant to 19 U.S.C. 1304(a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), an exception from individual marking is applicable where the marking of the container of such article will reasonably indicate the origin of the article. This exception is normally applied in cases where the imported article(s) is imported in a properly marked container and Customs officials at the port of entry are satisfied that the ultimate purchaser in the U.S. will receive it in its original marked container.

In this case, the imported articles are sold only in the individual retail boxes. So long as they continue to be sold only in these boxes, and Customs officials at the port of entry are satisfied that the marking is legible, permanent and conspicuous and that the ultimate purchaser will receive them in this fashion, we are of the opinion that the marking the retail boxes in lieu of the articles, satisfies the statutory requirements.

With regard to the country of origin marking on the submitted sample retail boxes, be advised that section 134.41, Customs Regulations (19 CFR 134.41), provides that the country of origin marking is considered to be conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. It is our opinion that while the marking on the larger box is sufficiently conspicuous, the marking on the smaller box is neither easily found nor readily visible. Although the location is conspicuous, the lettering is too small to read without strain. We suggest that you make the lettering at least 1/8 of an inch in size.

HOLDING:

Decorative porcelain articles that are imported and sold only in properly marked containers as described above, may be excepted from individual marking pursuant to 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d). Country of origin marking in lettering less than 1/16 of an inch, does not satisfy the conspicuousnes requirement of 19 CFR 134.41.

Sincerely,

Marvin M. Amernick

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