HQ 0731024 - Request for reconsideration of Customs ruling 729817 regarding the country of origin marking of newspaper supplements - United States International Trade Commision Rulings

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HQ 731024
March 14, 1989

MAR-2-05 CO:R:C:V 731024 jd

CATEGORY: MARKING

Salvatore E. Caramagno, Esq.
Ross & Hardies
1090 Vermont Avenue, NW
Washington, D.C. 20005-4905

RE: Request for reconsideration of Customs ruling 729817 regarding the country of origin marking of newspaper supplements

Dear Mr. Caramagno:

This is in reply to your letter of February 3, 1988, requesting reconsideration of the portion of Customs ruling 729817 km, November 13, 1986, regarding the country of origin marking of newspaper supplements. In particular, you object to the prohibition in that ruling against the country of origin marking being printed vertically as opposed to horizontally.

FACTS:

The articles involved in ruling 729817 that you are concerned with are multi-page advertisements destined for inclusion in newspapers. In pertinent point, the marking "Printed in Canada" appeared vertically along the right side at the bottom of the last page. The ruling held that to be conspicuous the marking must be printed horizontally rather than vertically.

ISSUE:

Does country of origin marking on newspaper supplements that is printed vertically, i.e., oriented in a fashion that the supplement must be rotated 90` from its normal reading position in order for the marking to be oriented in normal reading position, satisfy the requirement that country of origin marking be conspicuous?

LAW AND ANALYSIS:

Section 304 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 United States 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 United States the English name of the country of origin of the article.

Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), states in reference to country of origin markings, "The ultimate purchaser must be able to find the marking easily and read it without strain."

As stated in ruling 729817, we are of the opinion that multi-page printed matter must be marked on the front or back page in lettering large enough to be found easily and read without strain. Furthermore, we believe that country of origin marking of printed matter is at its most conspicuous if printed in standard English language left to right, horizontal orientation. However, since the test of marking sufficiency is that it appear in a conspicuous manner, not necessarily the most conspicuous manner, we believe that in some instances vertical marking is conspicuous. Based upon our examination of the sample newspaper supplements you submitted, we are convinced that the country of origin marking can be found easily and read without strain. The marking is separated from any other printed matter so that it stands out in black ink on a field of white.

Accordingly, our decision in ruling 729817 is modified in this single particular; the prohibition against country of origin marking of newspaper supplements appearing in the vertical is removed. Henceforth, country of origin marking of newspaper supplements may appear in vertical printing so long as it is sufficiently conspicuous to the ultimate purchaser.

HOLDING:

After consideration of the matter, the determination in ruling 729817 that country of origin marking of newspaper supplements must be printed horizontally is reversed. Such printing can appear vertically provided it can be found easily and read without strain.

Sincerely,

John Durant
Director

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