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HQ 733146


August 10, 1990

MAR-2-05 CO:R:V:C 733146 RSD

CATEGORY: MARKING

Mr. Michel Malenfant
Vinyform LTEE
1975, Monterey
Laval, Quebec, Canada H7L 3T6

RE: Country of origin marking of vinyl specialty advertising products; conspicuousness; 19 CFR 134.41(b)

Dear Mr. Malenfant:

This is in response to your letter of February 19, 1990, requesting a binding ruling on the country of origin marking regarding specialty advertising products made of vinyl plastic. Samples were submitted for examination.

FACTS:

Your company manufactures specialty vinyl plastic advertising items in Canada. The products are sold through distributors who will sell them to businesses to advertise their name, location and telephone number. The businesses will not sell the products but give them away to their clients in appreciation of their good business relations. They are a mini note pad holder, a pencil holder, a menu and wine cover, a design portfolio, and a letter size folder. All the samples have the marking "MADE IN CANADA" worked into the plastic in the same color as the background upon which they are imposed. The mini note pad holder is marked with "MADE IN CANADA" on the spine in raised letters which are about 1/16th of an inch high. The pencil holder is marked with the country of origin on the very bottom of the front of the holder in raised letters also about 1/16th of an inch high. The country of origin markings on the design portfolio and the menu and wine cover are both of the bottom front of the spines of these articles in lettering of about 1/8th of an inch high. The country of origin marking on the letter size folder is on the top right edge of the folder in slightly raised lettering of about 1/8th of an inch high.

ISSUE:

Whether the marking is sufficiently conspicuous to satisfy the country of origin marking requirements?

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. Congressional intent in enacting 19 U.S.C. 1304 was 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." United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940). C.A.D. 104 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S, is able to find the marking easily and read it without strain. That section further provides that the degree of permanence should be at least sufficient to insure that in any reasonably foreseeable circumstance the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed.

Although the country of origin markings for the samples submitted are not in the most conspicuous locations and they are in the same color as the background upon which they are imposed, neither 19 U.S.C. 1304 nor its implementing regulations found in 19 CFR part 134 require that the country of origin marking be placed in the most conspicuous location of an article or in a contrasting color. Upon examination of the samples and their country of origin markings, we find that the markings can be easily found and read without strain. Therefore, the country of origin markings on the samples meet the requirements of 19 CFR 134.41(b) for conspicuousness and are acceptable under 19 U.S.C. 1304. However, this ruling is limited to country of origin marking on the samples submitted. In order to determine if the country of origin marking on other articles would be acceptable, we would have to review a sample with its proposed country of origin marking.

HOLDING:

The country of origin marking on the samples submitted is satisfies the requirements of 19 CFR 134.41(b) and is acceptable under 19 U.S.C. 1304.

Sincerely,

Marvin Amernick

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