HQ 0734036 - Country of origin marking of glass bottles containing flavored sparking mineral water, Beverages, 19 CFR 134.46 - United States International Trade Commision Rulings

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HQ 734036
May 20, 1991

MAR-2-05 CO:R:C:V 734036

CATEGORY: MARKING

Mr. Dwight Roscoe
Director, Materials and Distribution
Clearly Canadian Beverage Corporation
1700-355 Burrard Street
Vancouver, British Columbia, Canada V6C 2G8

RE: Country of origin marking of glass bottles containing flavored sparking mineral water, Beverages, 19 CFR 134.46

Dear Mr. Roscoe:

This is in response to your letter of January 31, 1991 requesting a ruling on the country of origin marking requirements for imported glass bottles of flavored sparking mineral water. A sample bottle of the mineral water and a bottle cap was submitted for our review.

FACTS:

Clearly Canadian Beverage Corporation, imports flavored sparking mineral water. The mineral water is sold in clear glass bottles. The mineral water is a product of Canada, but is bottled in the U.S under the authority of Clearly Canadian Beverage Corporation. The sample bottle contains 11 fluid ounces and has a fired-on label application. The words "Clearly Canadian" are printed on the bottle in white letters. Below the words "CLEARLY CANADIAN," the statement "Made with Canadian Mineral Water" is printed. On the reverse side of the bottle, there is a statement which reads, "BOTTLED UNDER THE AUTHORITY OF CLEARLY CANADIAN BEVERAGE CORP. 2 CENTURY PLAZA, LOS ANGELES CA 90067." The bottle contains a list of abbreviations for states where there is a return deposit law. "PRODUCT OF CANADA" is printed in two locations in white letters on a blue background on the sides of the bottle cap. Your letter indicates that the Food and Drug Administration requires that the U.S. address of the bottler be printed on the bottle.

ISSUE:

Do the words "Product of Canada" printed on the bottle cap satisfy the requirement of 19 CFR 134.46? 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).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.46, Customs Regulations (19 CFR 134.46), requires that when the name of any city or locality in the U.S., other than the name of the country or locality in which the article was manufactured or produced, appears 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. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported goods.

Although there is information on the sample bottle regarding refund deposits which contains the abbreviations of several state names, we find that these state abbreviations do not triggered the requirements of 19 CFR 134.46. The ultimate purchasers of the mineral water should understand that the state abbreviations are only on the bottle for the purpose of indicating in which states a refund deposit law is applicable and does not imply any information concerning the origin of mineral water. Since the purpose of 19 CFR 134.46 is prevent the ultimate purchaser from being confused as to what is the country of origin of a product, we conclude that the refund deposit information on the sample bottle does not invoke the requirements 19 CFR 134.46.

However, the U.S. address on the bottles, "2 Century Plaza, Los Angeles, CA 90067," does trigger the requirements of 19 CFR 134.46. Upon a close inspection of the sample 11 ounce bottle of mineral water, we find that the requirements of 19 CFR 134.46 are satisfied. In as much as the country of origin is preceded by the words "Product of" and are in comparable size letters as the U.S. the address the only real question is whether the marking on the cap satisfies the close proximity requirement. We have ruled that the marking must generally appear on the same side or surface to be considered in close proximity. See HQ 733864 November 5, 1990. In this case, because the bottle is cylindrical it is difficult to say whether the marking on the cap is on the same side as the bottle. The words "Product of Canada" on the cap can be seen in the same viewing as the U.S. without turning the bottle. We also note that the ultimate purchasers of the mineral water are unlikely to be confused and will recognize the country of origin of the product is Canada because the words "CLEARLY CANADIAN" and other references to Canada are also prominently printed on the bottle. For these reasons, we conclude that the requirements of 19 CFR 134.46 are satisfied. This ruling applies to the 11 ounce sample bottle submitted and without a sample we cannot rule on whether the country of origin marking on a bottle of a different size would be acceptable.

HOLDING:

The words "PRODUCT OF CANADA" printed on the side of the bottle cap of the "Clearly Canadian" sample 11 ounce bottle of mineral water is in close proximity to the U.S. address. The other requirements of 19 CFR 134.46 are also satisfied and country of origin marking on the bottle mineral water is acceptable.

Sincerely,

John Durant, Director
Commercial Rulings Division

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