HQ 0734402 - Country of origin marking of cremation urn imported from Germany; adhesive labels; 19 CFR 134.41(b); 19 CFR 134.44(b); permanent marking - United States International Trade Commision Rulings

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HQ 734402

March 20, 1992

Mar-2-05 CO:R:C:V 734402 AT

CATEGORY: MARKING

Paul F. Rahill
Vice President
Industrial Equipment & Engineering Co.
P.O. Box 547796
Orlando, Florida 32854-7796

RE: Country of origin marking of cremation urn imported from Germany; adhesive labels; 19 CFR 134.41(b); 19 CFR 134.44(b); permanent marking

Dear Mr. Rahill:

This is in response to your letter dated October 31, 1991, requesting a ruling on the country of origin marking of cremation urns. A sample was submitted for examination.

FACTS:

Your company imports metal cremation urns from Germany. The cremation urn is approximately 8 1/2 inches high and 6 1/4 inches in diameter. The urn has an inner and outer cover. Attached to the bottom of the urn is an adhesive label printed with the words "Made in West Germany" in black lettering approximately 6 point (a point is a unit of measurement equal to 0.01384 inch or nearly 1/72 in., and all type sizes are multiples of this unit). You state that the imported urns are sold in elaborate show rooms to families at the time of death and therefore, it would be inappropriate to mark the urns by other methods such as etching or dye stamping. You also state that marking the urns by means of etching or dye stamping could possibly impair the special finish that is placed on the urns to prevent deterioration.

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), generally provides that 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(b).

Customs has consistently ruled that pressure sensitive labels are an acceptable country of origin marking provided that the label will remain on the article unless deliberately removed. 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.

In this case, examination of the label reveals that these pressure sensitive labels are affixed in a conspicuous place on the urns and that they are sufficiently permanent to meet the requirements of 19 CFR 134.44. The marking "Made in West Germany" 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 U.S.C. 1304 and 19 CFR 134.44 are satisfied and this method of marking the country of origin on the urns is acceptable.

We note, however, that effective October 4, 1991, all German goods imported into the U.S. must be marked either "Germany" or "Federal Republic of Germany". See O.C.O.D. 90-2, November 14, 1990.

HOLDING:

The country of origin marking on the sample urn, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.44 provided "Germany" or "Federal Republic of Germany" rather than "West Germany" appears on the label.

Sincerely,

John Durant, Director

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