HQ 0731882 - Country of Origin Marking of Children's Books - United States International Trade Commision Rulings

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HQ 731882

October 31, 1989

MAR-2-05 CO:R:C:V 731882NL

CATEGORY: MARKING

Vernon L. Brooks, Port Director
U.S. Customs Service
Interstate 87
Champlain, NY 12919

RE: Country of Origin Marking of Children's Books

Dear Mr. Brooks:

This is in response to an inquiry of October 28, 1988, from Barbara Mitchell of your staff asking whether submitted samples of three three variously marked children's books imported from Canada complied with the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. We regret the delay in responding.

FACTS:

The first sample, entitled "Cuckoo! What time is it?" bears publication, copyright, and promotional information on the inside front cover, and under the publisher's name the words, "Montreal- Canada". The outside back cover of the book bears the imprint, "Printed in Spain" in approximately the same sized type. The second sample, "Day at the Zoo", provides on the outside of the rear cover a list of titles in the same series, the words, "Brown-Watson" (which we presume to be the publisher's name) and just below it the word, "England". The inside of the rear cover incorporates the final page of text and pictures, and bears the words, "Printed in Czechoslovakia", together with a copyright attributable to Artia, Prague, and a credit for illustrations to V. Kubasta. All of this information is printed sideways to the spine of the book in type approximately one-half the size (1/16")of the type in which the word, "England" is printed on the outside of the rear cover. The third sample, "Nursery Rhymes", bears the name, "Brown-Watson" on the outside of the rear cover and below it the word, "England". There is no other marking in the book other than the text. Each of the sample books is bound in hard cardboard and in each all of the publication, copyright and country of origin information is imprinted on the inside or outside of the cardboard cover.

ISSUE:

Do Customs Regulations 134.41 and 134.46 apply to these children's books so as to require that markings indicating the country of printing appear on the same page as markings indicating the country of publication?

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 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 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 requirements and exceptions of 19 U.S.C. 1304. Under former section 11.13(c) of the Customs Manual, special marking requirements existed for books. However, the Customs Manual was rescinded in 1984 (Customs Directive 2120-01, December 21, 1984), and no special requirements are in force for books pursuant to 19 CFR 134. Rather, we apply the broad provisions of 19 U.S.C. 1304 and 19 CFR Part 134.

Section 134.1(b), Customs Regulations, defines country of origin for marking purposes as the country of manufacture, production, or growth of the imported article. That section further provides that work or material added to the article in another country must effect a substantial transformation in order to render such other country the "country of origin". In the case of books, a foreign publisher may or may not have printed or bound the book in the country in which he is located. When the book is produced or manufactured in a third country and imported into the U.S. by the publisher, 19 U.S.C. 1304 requires that the book be marked as a product of the third country. In the absence of information that any of the samples have been substantially transformed in, respectively, Canada or England, we presume that the marking "printed in" found in the first two samples amounts to a declaration that the books are products of, respectively, Spain and Czechoslovakia. As to sample three, since the only designation of origin is not contradicted by any other imprinted marking or any other information, we presume that the book is manufactured in England. We find that sample three is conspicuously marked within the meaning of section 19 U .S.C. 1304 and 19 CFR Part 134. Regulations.

Turning to samples one and two, we note that it is customary for a standard format book to contain publishing, printing and copyright information on the title page and on the back of the title page. We held in HQ 731663 (July 18, 1989) that country of origin marking on the title page or on the back of the title page of a book satisfied the requirement of conspicuousness set forth in 19 U.S.C. 1304(a) section 134.41, Customs Regulations (19 CFR 134.41), provided the marking was easily located and could be read without strain. We noted that a reader (the ultimate purchaser) would reasonably be expected to look to the title page or back of the title page for information of this type. HQ 731663 also pointed out, however, that section 134.41 does not require that the country of origin marking appear in the most conspicuous place or any other specific location; that ruling merely held that the title page or back of the title page of a book was one conspicuous location where the ultimate purchaser might be expected to look for country of origin information.

An additional requirement affecting the location of country of origin marking for books is set forth in section 134.46, Customs Regulations (19 CFR 134.46). That section provides that when the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on the 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 possiblity of misleading or deceiving the ultimate purchaser as to the origin of the imported article. With respect to imported books, the requirements of section 134.46 are triggered when the title page, or other pages carrying publication and copyright information, bear the names of countries and localities other than the country of origin. We held, again in HQ 731663, that country of origin marking imprinted on the title page or the back of the title page was in sufficiently close proximity to potentially confusing names or words to satisfy the requirements of section 134.46.

Children's books like the submitted samples require a somewhat different analysis as to what constitutes conspicuous marking and what marking is in close proximity to other names to prevent confusion or deception to the ultimate purchaser. The products are designed to afford entertainment principally through pictures and text read aloud by an adult. The intended reader is not the ultimate purchaser who would base buying decisions upon the country of origin of the product. Copyright and publication information which appears on the title page of an adult book is found in the submitted samples on the front or rear of the hard cardboard cover or the insides of the cover. Thus, the conclusion reached in HQ 731663 is not applicable to these products. They contain no standard title page to which a reader and ultimate purchaser might be expected to turn for country of origin information. We believe that country of origin marking which is made more permanent for children's books by incorporation in the cardboard cover is consistent with the intent of 19 U.S.C. 1304(a) in that it adapts the marking to the nature of the article. We are further of the opinion that adults, the ultimate purchasers, may reasonably be expected to look for country of origin marking information on either the outside or inside of the cover of the children's book. Such marking, provided it is easily located and able to be read without strain, would generally satisfy the requirement of conspicuousness contained in 19 U.S.C. 1304(a) and section 134.41.

However, as to the two remaining samples (having determined on the basis of the available facts that sample three is adequately marked), we find that the locations of the "printed in" country of origin markings do not satisfy the marking requirements. In sample one, where the inside of the cover page contains a foreign name ("Montreal-Canada"), the mark "printed in Spain" on the outside of the back cover is not in sufficient proximity to avoid leaving the ultimate purchaser with the possible impression that the book was manufactured in Canada. For this book, section 134.46 requires that the words "printed in Spain" appear on the same page as the name "Montreal-Canada". Because the book does bear country of origin marking, however, we would be reluctant to conclude, in the absence of further information, that any intent to mislead or deceive was exhibited. Accordingly, the importer should be given an adequate period of time in which to adjust the marking of the product to comply with this requirement.

Sample two is deficient in two respects. The words, "printed in Czechoslovakia" appear on the inside back cover in lettering of not more than 1/16", and the back cover is an integral part of the text. We find that this marking is not easily found and not read without strain as required by section 134.41, and is not conspicuous within the meaning of 19 U.S.C. 1304(a). We also find that this marking does not meet the requirements of section 134.46 in that it is not in close proximity to the place (the back cover) where the name "England" appears, and the lettering is not of comparable size. A possibility of confusion to the ultimate consumer is therefore present. For compliance with the marking provisions of 19 U.S.C. 1304 and 19 CFR Part 134, the origin marking of this book must appear on the same back cover as the word "England", in letters of comparable size. Because we find no evidence of an intent to mislead or deceive, the importer should be given an adequate period of time in which to adjust the marking of the product in accordance with this requirement.

MAR 2-05 CO:R:C:V:NL
732272

Paul Liebau
P.S.A. Ventures
80 Empire Street
London, Ontario
Canada N5Y1G7

Dear Mr. Liebau:

This is in response to your letter of March 14, 1989 in which you inquired as to the duty and country of origin marking requirements applicable to imported books. We regret the delay in responding to your inquiry.

The sample submitted with your letter consists of a paperback book, approximately 5"X 8", bearing the words "Printed in Canada" at the bottom of the back of the title page, together with other publication, copyright and distribution information. The typeface for "Printed in Canada" is the same size as the other information printed on that page.

In general, books and printed materials are provided for in chapter 49 of the Harmonized Tariff Schedule of the United States (HTSUS) and are eligible to enter the U.S. duty free. The submitted sample appears to be classifiable under heading 4901 HTSUS. You are cautioned, however, that not all printed materials provided for in chapter 49 may be imported duty free. Duty is imposed, for example, on imported maps, calendars, newspaper supplements and postcards. For your guidance, I enclose a copy of Chapter 49, HTSUS, so that you may review its provisions.

With respect to your second question, the words "Printed in Canada" appearing on the back of the sample's title page are conspicuous so as to indicate to an ultimate purchaser in the U.S. the article's country of origin. Such marking is in conformity with the requirements of Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) and Part 134, Customs Regulations (19 CFR Part 134), which implements the country of origin marking requirements of 19 U.S.C. 1304. See HQ 731663 dated July 18, 1989, (copy enclosed), holding that marking the country of origin on the title page or back of the title page of a book will generally satisfy the requirements of 19 U.S.C. 1304 and Part 134, Customs Regulations.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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