HQ 0732426 - Country of origin marking requirements for imported record album jacket - United States International Trade Commision Rulings

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HQ 732426

April 9, 1990

MAR 2-05 CO:R:C:V 732426 pmh

CATEGORY: MARKING

Mr. James C. Banthos
Double Arrow Record Co., Inc.
43-50 Eleventh Street
Long Island City, NY 11101

RE: Country of origin marking requirements for imported record album jacket

Dear Mr. Banthos:

This is in response to your May 18, 1989 letter requesting a ruling on the country of origin marking requirements for imported record album jackets. We apologize for the delay in responding to your request.

FACTS:

According to your letter, your company imports sound recordings from the United Kingdom. These record albums are imported already sleeved in album jackets. When the records and jackets are manufactured in the same country, several of your suppliers in the United Kingdom mark the album jackets "Made and Printed in England" or "Made and Printed in the UK." In the instances where the records and jackets are not manufactured in the same country, the album jackets are marked as follows: "Printed in England" "Country of manufacture of record as shown on record label." After importation and prior to sale, your company seals each record album in polywrap. You propose in those instances where the record and jacket are not manufactured in the same country, and the country of origin of the record is no longer accessible due to the polywrap, that a label bearing the name of the country of origin of the record be affixed to the polywrap.

ISSUE:

1) Whether record albums may be excepted from individual country of origin marking if they are imported and sold in album jackets that are properly marked to indicate the country of origin of both the album and the album jacket.

2) Whether the marking "Made and Printed in England" or "Made and Printed in the U.K." on the album jackets clearly indicates the country of origin of both the record and the jacket.

3) Whether record albums, whose country of origin marking is made inaccessible after importation due to the fact that the record is inside a jacket and polywrapped, may be marked by means of a label affixed to the polywrap.

LAW AND ANALYSIS:

Section 304, 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 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.

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 is imported in a properly marked container and Customs officials at the port of entry are satisfied that the ultimate purchaser, i.e., the last person in the U.S. to receive the article in the form in which it was imported, will receive it in its original unopened marked container.

With regard to record albums and album jackets, Customs has held that even when these are imported and sold together, each is a separate article for country of origin marking purposes. Therefore, the record and the jacket must each be marked with its own country of origin. (See HQ 702026, dated July 6, 1973.) In addition, section 134.14(a), Customs Regulations (19 CFR 134.14(a)), provides that when an imported article is of a kind which is usually combined with another article after importation but before delivery to an ultimate purchaser and the name indicating the country of origin of the article appears in a
place on the article so that the name will be visible after such combining, the marking shall include, in addition to the name of the country of origin, words or symbols which shall clearly show that the origin indicated is that of the imported article only and not that of any other article with which the imported article may be combined. We believe that 19 CFR 134.14(a) applies here because two foreign articles are combined and that, therefore, the marking on the album jacket should clearly show that the origin indicated is that of the jacket only and not that of the record. (See HQ 729224, dated January 14, 1987.) Likewise, if the country of origin of the record is also shown on the jacket, it must be distinguished as pertaining to the record. In such instance, the record may be excepted from individual country of origin marking pursuant to 19 U.S.C. 1304(a)(3)(D).

With regard to the proposed marking, we find that the language "Made and Printed in England" or "Made and Printed in the UK" is not sufficiently clear to inform the ultimate purchaser that the United Kingdom is the country of origin of the record as well as of the jacket. Although you state that the record and the jacket are both made in the United Kingdom, it is not clear from the marking that it refers to anything other than the album jacket. Either of the indicated markings is acceptable for the album jacket, but neither marking is an acceptable country of origin marking for the record. We suggest you make reference to the record with language such as "Record and Jacket Made in England."

With regard to the last issue, we note that section 134.26, Customs Regulations (19 CFR 134.26) applies. Section 134.26 requires that if an imported article is to be repacked, either by the importer or another repacker, after it leaves Customs custody and before it reaches the ultimate purchaser, so as to obscure or conceal the country of origin marking, the importer shall certify to the local Customs officials that the new packaging will be properly marked with the country of origin. Certainly, if a record album properly marked with its country of origin is sleeved in an album jacket and subsequently polywrapped, its country of origin marking would be obscured. Therefore, the marking would not be conspicuous to the ultimate purchaser at the time of purchase. A label indicating the country of origin of the record affixed to the polywrap would remedy the situation provided such label were sufficiently conspicuous and permanent. As set forth in 19 CFR 134.26, the importer must certify to the local Customs officials that such label will comply with the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

HOLDING:

1) Record albums may be excepted from individual marking if they are imported and sold in properly marked album jackets.

2) The marking "Made and Printed in England" or "Made and Printed in the UK" on imported album jackets is not a sufficient country of origin marking for the record album which is imported and sold sleeved inside the jacket; some reference must be made to the country of origin of the record if such marking will appear on the album jacket.

3) Record albums that are imported properly marked with the country of origin, but are subsequently polywrapped inside album jackets prior to retail sale, are not in compliance with 19 U.S.C. 1304, as the marking is no longer conspicuous. Pursuant to 19 CFR 134.26, the importer must certify to the local Customs officials that the polywrap will be properly marked with the country of origin of the record album.

Sincerely,

Marvin M. Amernick

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