HQ 0732710 - Country of origin marking of imported carpet - United States International Trade Commision Rulings

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HQ 732710
December 18, 1989

MAR-2-05 CO:R:C:V 732710 KG

CATEGORY: MARKING

Peter McKone
Coronet Industries, Inc.
Coronet Drive
Dalton, GA 30720

RE: Country of origin marking of imported carpet

Dear Mr. McKone:

This is in response to your letter of August 31, 1989, requesting a country of origin ruling regarding imported carpet. We regret the delay in responding to your inquiry.

FACTS:

You are planning to import carpet from Canada in rolls 12 feet wide and anywhere from 100 to 160 feet long. Cuts will be made in the U.S. and shipped to various U.S. customers. The cuts will vary in length by the customer's need.

ISSUE:

What is the proper method of marking imported carpet rolls with its country of origin so as to comply with section 304 of the Tariff Act of 1930, as amended.

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 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. The Court of International Trade stated in Koru North America v. United States, 701 F.Supp. 229, 12 CIT (CIT 1988), that: "In ascertaining what constitutes the country of origin under the marking statue, a court must look at the sense in which the term is used in the statute, giving reference to the purpose of the particular legislation involved. The purpose of the marking statute is outlined in United States v. Friedlaender & Co., 27 CCPA 297, 302 C.A.D. 104 (1940), where the court stated that: "Congress intended that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will."

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.42, Customs Regulations (19 CFR 134.42), provides that a specific method of marking may be required by the Commissioner of Customs. Customs ruled directly on the specific method of country of origin marking of rolls of carpet in T.D. 54308(1) (February 18, 1957), which held that imported carpet shall be legibly and conspicuously marked with the name of the country of origin at each corner at the beginning of the roll and at each corner at the end of the roll by the use of a tag or other suitable method whereby the name of the country of origin may be seen without the carpeting being unrolled.

HOLDING:

Imported carpet in rolls shall be legibly and conspicuously marked with the name of the country of origin at each corner at the beginning of the roll and at each corner at the end of the roll by the use of a tag or other suitable method whereby the name of the country of origin may be seen without the carpeting being unrolled.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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