HQ 0732299 - Country of Origin marking of Imported Beaded Necklaces - United States International Trade Commision Rulings

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HQ 732299

April 20, 1989

MAR 2-05 CO:R:C:V 732299 LR

CATEGORY: MARKING

Betty J. Popa
General Manager
Mei Alaska
P.O. Box 201233

RE: Country of Origin marking of Imported Beaded Necklaces

Dear Ms. Popa:

This is in response to your letter dated February 6, 1989, regarding the acceptability of the country of origin marking label on imported beaded necklaces.

FACTS:

Two sample necklaces were submitted for our review. Both necklaces are marked by means of a paper adhesive label, approximately 1/2 inch in width, wrapped around two of the beads near the clasp. The ends of the label are securely affixed to one another by means of adhesive. On both labels the words "MEI ALASKA" appear on one side in 1/16 inch letters and the name of the country of origin (either HONG KONG or TAIWAN) appears in smaller letters on the reverse side of the label. We assume that "MEI ALASKA" is your company's trade name.

ISSUE:

Whether the country of origin marking satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

LAW AND ANALYSIS:

Section 304(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1304), generally requires that 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 the ultimate purchaser the English name of the country of origin of the article. The country of origin marking requirements and exceptions of 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134).

{134.41(b), Customs Regulations (19 CFR 134.41(b)), which refers to the degree of visibility of a marking, requires that the ultimate purchaser must be able to find the marking easily and read it within strain. {134.44(b), Customs Regulations (19 CFR 134.44(b)), which refers to the degree of permanency, provides that if paper sticker or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser.

{134.47, Customs Regulations (19 CFR 134.47), requires that when as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the United States or "United States" or "America" appear, the article shall be legibly, conspicuously and permanently marked to indicate the name of the country of origin of the article preceded by "Made in," "Product of," or other similar word, in close proximity to such words or in some other conspicuous location. In view of the presence of your company name "MEI ALASKA" on the label, the requirements of {134.47 are applicable.

HOLDING:

With regard to the paper labels themselves, we find that they are affixed to a conspicuous place on the necklace and that they are sufficiently permanent to satisfy the requirements of 19 CFR 134.44. The label is easy to find and is securely affixed and would, in our opinion, come off only if it were deliberately removed. However, the country of origin marking on the labels is deficient in two respects. First, the country of origin is not preceded by the words "Made in", "Product of" or other similar words as required by {134.47. Second, in view of the very small print, the marking does not satisfy the requirement of {134.41(b) that the ultimate purchaser must be able to read the marking without strain. Based on the size of the label and the article, the lettering should be at least the same size as "MEI ALASKA".

Based on these considerations, the submitted samples are not marked as required by 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

Marvin M. Amernick

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