HQ 0734150 - Country of origin marking of cigarette lighter and vinyl pouch imported from Korea; adhesive labels; 19 CFR 134.41(b); 19 CFR 134.44(b); permanent marking; Bureau Circular Letter No. 345, HQ 700018, HQ 720871 revoked - United States International Trade Commision Rulings

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HQ 734150
July 15, 1991

Mar-2-05 CO:R:C:V 734150 AT

CATEGORY: MARKING

Ms. Monica Noyes
Polyflame Concepts U.S.A., Inc.
30 Commerce Road
Stamford, CT. 06904

RE: Country of origin marking of cigarette lighter and vinyl pouch imported from Korea; adhesive labels; 19 CFR 134.41(b); 19 CFR 134.44(b); permanent marking; Bureau Circular Letter No. 345, HQ 700018, HQ 720871 revoked

Dear Ms. Noyes:

This is in response to your letter dated March 15, 1991, requesting a binding and prospective ruling on the country of origin marking of cigarette lighters and their vinyl pouch containers.

FACTS:

Your company intends to import cigarette lighters and vinyl cigarette lighter pouches from Korea. You state that the imported lighters will arrive in the U.S. in their respective vinyl pouch and packaged in separate clear polybags used only for shipping purposes. You have also submitted a sample of the cigarette lighter,vinyl pouch and clear polybag in the same condition it would arrive in the U.S. The cigarette lighter has a polished solid brass bottom and top case with ring belt printed with the name "Marlboro". The vinyl pouch is brown in color and has an opening at the top so that the lighter can be placed into it. Examination of the articles reveal that both the lighter and pouch are marked "Korea" with pressure sensitive labels that are securely affixed.

ISSUE:

Whether the country of origin marking described above satisfies the requirements of 19 U.S.C.. 1304 and 19 CFR Part 134?

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, 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, 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.

With regard to the permanency of a marking section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, its suggested that the country of origin on metal articles be die sunk, molded in or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), provides that except for articles which are the subject of a ruling by the Commissioner of Customs or those articles classifiable in an item number specified in section 134.43, Customs Regulations (19 CFR 134.43), any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. If paper stickers or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. (19 CFR 134.44(b)). See also 19 CFR 134.41

In Bureau Circular Letter No. 3045 (August 18, 1958), Customs ruled that country of origin marking on cigarette lighters by means of cellulose or other tape, paper labels, or string tags would be unacceptable. It was determined that there was no reasonable assurance that such markings would remain on the imported article until it reached the ultimate purchaser.

The conclusion reached in the circular regarding the marking of cigarette lighters was affirmed in HQ 700018 (July 13, 1982) and HQ 720871 (July 5, 1983)

However, we find that the conclusion is inconsistent with the regulations which permit any reasonable method of marking including pressure sensitive labels that will remain on the article unless deliberately removed and numerous rulings on this issue. See HQ 731089 (February 13, 1989), marking imported women's footwear (moccasin, beach sandal) by means of a vinyl label attached with adhesive was an acceptable country of origin marking; HQ 732299 (April 20, 1989), paper labels affixed to a conspicuous place on an imported necklace and sufficiently permanent was an acceptable country of origin marking of the article; HQ 732836 (December 28, 1989), paper label affixed to a leather dart wallet imported into the U.S. was an acceptable method of marking the wallet's country of origin; HQ 733880 (February 8, 1991), country of origin marking of undercarriage spare parts by means of pressure sensitive labels permanently attached was an acceptable method of marking the article's country of origin provided such labels are conspicuously placed and remain on the articles until they reach the ultimate purchaser and that the country origin marking remain legible.

In this case, examination of the labels reveals that these pressure sensitive labels are affixed in a conspicuous place on the cigarette lighter and leather pouch and that they are sufficiently permanent to meet the requirements of 19 CFR 134.44. We also find that the marking "Korea" on the label is easy to find and is securely affixed and would in our opinion, come off only if it were deliberately removed. Accordingly, the requirements of 19 USC 1304 and 19 CFR 134.44 are satisfied and this method of marking the country of origin on these particular articles is acceptable.

The following rulings, which are not in accordance with our finding that pressure sensitive labels permanently affixed in a conspicuous place on a cigarette lighter are an acceptable method of marking the article's country of origin are revoked: Bureau Circular Letter No. 345 (August 18, 1958); HQ 700018 (July 13,1982); and HQ 720871 (July 5, 1983).

HOLDING:

Marking the country of origin of a cigarette lighter and a leather pouch by means of pressure sensitive labels permanently affixed in a conspicuous place is an acceptable method of marking the country of origin of the imported cigarette lighter and
leather pouch under the requirements of 19 U.S.C. 1304 and 19 CFR 134.44. Prior rulings are modified or revoked in accordance with this ruling.

Sincerely,

John Durant, Director

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