HQ 0732419 - Country of origin marking requirements for imported beer - United States International Trade Commision Rulings

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HQ 732419

April 23, 1990

MAR 2-05 CO:R:C:V 732419 pmh

CATEGORY: MARKING

Mr. Leonard Lehman
Barnes, Richardson & Colburn
1819 H Street, N.W.
Washington, D.C. 20006

RE: Country of origin marking requirements for imported beer

Dear Mr. Lehman:

This is in response to your letter of May 22, 1989, on behalf of your client Anheuser-Busch, Inc., requesting a ruling on the proper country of origin marking requirements for imported beer that is imported in returnable retail bottles. We regret the delay in responding.

FACTS:

According to your letter, your client imports several different brands of beer in the retail bottles. Each brand of beer bears a different label. You have submitted several sample labels for our examination (including various labels for Carlsberg Beer and Elephant Malt Liquor and one label for Carlsberg Light). These include the primary oval labels to be affixed to the barrel part of the bottle and various smaller labels to be affixed around the neck of the bottle. Each of the oval labels bears the words "Brewed and Bottled by the Carlsberg Breweries, Copenhagen, Denmark" and the words "Selected and imported by Anheuser-Busch, Inc., St. Louis, Missouri, U.S.A." around the edge of the label in letters approximately 1/8 inch in size. Some of these labels bear the additional markings "Product of Denmark" and "Copenhagen, Denmark." In addition, some of these oval labels indicate certain states' bottle deposit refund information (e.g., "Michigan 10 cents Refund," "Ca Redemption Value," "ME.VT.CT.MA.DE.N.Y. 5 cents Refund"). Every bottle will have a label affixed around its neck bearing the word "Imported" in letters approximately 1/2 inch in size.

ISSUE:

Whether the submitted labels satisfy the country of origin marking requirements for imported beer.

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 U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its 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 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.

In addition, section 134.46, Customs Regulations (19 CFR 134.46), requires 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, appear on an 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 possibility of misleading or deceiving the ultimate purchaser as to the country of origin.

In this case, the names of localities in the U.S. appear on the sample labels in two respects: every label bears the importer's domestic address, and some of the labels bear information pertaining to certain states' bottle deposit refund. With regard to the importer's domestic address, we find that the requirements of 19 CFR 134.46 are satisfied. The name of the country of origin appears in lettering of comparable size as the lettering of the U.S. address. Further, the country of origin is preceded by the words "Brewed and Bottled in" which we find to be words of similar meaning to the requisite words "Made in" or "Product of." In addition, due to the fact that each of the labels bear the words "Imported" and/or "Copenhagen, Denmark" in lettering larger than that used for the U.S. address, we find the country of origin marking to be conspicuous. Although the legend "Brewed and Bottled by the Carlsberg Breweries, Copenhagen, Denmark" is in lettering only 1/8 inch, it is our opinion that an ultimate purchaser would know immediately that the product is imported and that it is a product of Denmark.

Likewise, with regard to the information on the label pertaining to certain states' bottle deposit refund, it is our opinion that the appearance of a state's name or the abbreviation of a state's name appearing, as it does, in conjunction with such words as "Refund" and "Redemption Value" and/or a money amount, would not confuse or deceive an ultimate purchaser as to the country of origin of the beer. In fact, since it is further our opinion that an ultimate purchaser would so clearly understand that this is not a country of origin marking, we find that the requirements of 19 CFR 134.46 are not triggered by the state bottle deposit information.

HOLDING:

Labels used on bottles of imported beer, that bear the name of the country of origin and the importer's domestic address in a border around the label, all in lettering of the same size (1/8 inch), as described above, satisfy the requirements of 19 U.S.C. 1304, 19 CFR 134.41 and 19 CFR 134.46. Labels as described above, that also bear information pertaining to state refund values for bottle deposit do not trigger the requirements of 19 CFR 134.46.

Sincerely,

Marvin M. Amernick

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