HQ 0732852 - Country of Origin Marking of Chain Medallion - United States International Trade Commision Rulings

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HQ 732852

December 26, 1989

MAR 2-05 CO:R:C:V 732852 NL

CATEGORY: MARKING

William Oliver, President
Oliver World Trade, Inc.
1005 Hazel Falls
Manchester, Missouri 63021

RE: Country of Origin Marking of Chain Medallion

Dear Mr. Oliver:

This is in response to your letter of October 30, 1989, asking for advice regarding the proper country of origin marking of a jewelry medallion commemorating the Goodwill Games of 1990.

FACTS:

You propose to import from Taiwan a medallion which will carry various religious symbols and the mark of the Goodwill Games to be held in Seattle in 1990. You have submitted drawings of the proposed medallion. The drawings show that the medallion, approximately one and one-half inches in diameter, is to be suspended on a 24" chain. The drawing of the front of the medallion shows a design of a small world map surrounded by the words "Seattle '90 Goodwill Games". This is the trademarked insignia of the Goodwill Games. Surrounding the insignia are symbols representing the six major world religions. The drawing of the back of the medallion shows the words for the trademark line of the games, the words for the trademark line for the jewelry, and the words "Made in Taiwan". The drawings indicate that the trademark lines are to be rendered in raised and polished lettering, while the country of origin marking will be stamped.

ISSUE:

Does this marking comply with the country of origin marking requirements?

LAW & 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Section 134.47, Customs Regulations (19 CFR 134.47), provides that when, as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the U.S. or "U.S." or "America" appears, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by "Made in,", "Product of," or other words in close proximity or in some other conspicuous location.

Upon examination of the drawings of the proposed medallion, it is our opinion that, if rendered as shown, the country of origin marking on the back of the medallion is conspicuous and will comply with the requirements of 19 CFR 134.47.

HOLDING:

Stamping the name of the country of origin preceded by the words "Made in" or "Product of" on the back side of the medallion will satisfy the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR 134.47.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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