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HQ 733864


November 5, 1990

MAR-2-05 CO:R:V:C 733864 RSD

CATEGORY: MARKING

Mr. Jim Pettit
Jackson Pacific Inc.
Import-Export
8900 Burnham Road E-3
Tigard, Oregon 97223

RE: Country of origin marking of Christmas cards/ornaments; 19 CFR 134.47, 19 CFR 134.46, conspicuous, souvenir marking, close proximity

Dear Mr. Pettit:

This is in response to your letter of October 8, 1990, requesting a country of origin ruling regarding imported Christmas cards and ornaments with a logo of a minor league hockey team, the "Portland Winter Hawks."

FACTS:

Your company is importing Christmas cards made in Taiwan for a minor league hockey team, the Portland Winter Hawks. Each card includes a gold-plated brass ornament on the front. A sample paper cut-out version of the ornament and a black and white copy of the Christmas card was submitted. The ornament includes the words "HAWKS 15th Anniversary 1976-1991" and "Portland Winter Hawks" and a drawing of hockey players. Inside the card the following message appears:

SEASON'S GREETINGS
AND
BEST WISHES
FROM THE
PORTLAND
WINTER HAWKS
CELEBRATING OUR
15th ANNIVERSARY
1976-1991

The statement "MADE IN TAIWAN" is on the back left hand corner of the card.

ISSUE:

Must the country of origin marking be on the same side of the card as the team name, "Portland Winter Hawks" to be conspicuous and therefore, acceptable?
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.

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, Customs Regulations (19 CFR 134.41), the country of origin marking is considered to be conspicuous if the ultimate purchaser in the U.S. is 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 name of 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. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears (HQ 708994, dated April 24, 1978). The purpose of 19 CFR 134.46 is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the origin of the imported article.

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. appears, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by the words "Made in," "Product of," or other similar words, in close proximity or in some other conspicuous location (emphasis added). In such circumstance, no comparable size requirement exists.

In HQ 731524, December 18, 1989, Customs applied the requirements of 19 CFR 134.47 to sunglasses manufactured in Mexico for distribution in Puerto Rico which had a souvenir marking on one of the lenses. Specifically, the words "Puerto Rico," and a tower of a building silhouetted against the sky were imprinted on one of the lenses. Customs found that marking the country of origin on the temple was acceptable even though it was not in close proximity to the "Puerto Rico" souvenir mark.

In this case, we consider the words "Portland Winter Hawks," to be a souvenir marking within the meaning of 19 CFR 134.47. Therefore, the country of origin marking must be in close proximity or in some other conspicuous location, and preceded by the words "Made in," "Product of," or other similar words. In this case the "Made in Taiwan" marking on back of the card is easy to find and read without strain. Accordingly, it is conspicuous within the meaning of 19 CFR 134.41 and 19 CFR 134.47.

HOLDING:

The hockey team name "Portland Winter Hawks" is a souvenir marking within the meaning of 19 CFR 134.47. Therefore, the country of origin need not appear in close proximity to the word "Portland." We find that the "Made in Taiwan" marking on the back of the card/ornament satisfies the requirements of 19 U.S.C. 1304, 19 CFR 134.41 and 19 CFR 134.47.

Sincerely,

Marvin M. Amernick

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