HQ 0735225 - Country of Origin Marking requirements for imported gold jewelry; legibility; conspicuousness; die-sinking; indelible; hang tags; 19 CFR 134.41; 19 CFR 134.44; C.S.D. 79-47 (August 7, 1978); C.S.D. 79-379 (April 9, 1979); Clarification of HQ 734481 (August 19, 1992). - United States International Trade Commision Rulings

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HQ 735225

August 17, 1993

MAR-2-05 CO:R:C:V 735225 ER

CATEGORY: MARKING

Joel K. Simon, Esq.
Serko & Simon
One World Trade Center
Suite 2271
New York, NY 10048

RE: Country of Origin Marking requirements for imported gold jewelry; legibility; conspicuousness; die-sinking; indelible; hang tags; 19 CFR 134.41; 19 CFR 134.44; C.S.D. 79-47 (August 7, 1978); C.S.D. 79-379 (April 9, 1979); Clarification of HQ 734481 (August 19, 1992).

Dear Mr. Simon:

This is in response to your letter dated June 21, 1993, on behalf of your client, M. Fabrikant & Sons, Inc., in which you request a ruling regarding the country of origin marking requirements for gold jewelry.

FACTS:

M. Fabrikant & Sons. is a company that imports and sells gold jewelry from Italy. You state that the company has a long- standing practice of marking the jewelry with country of origin by die-sinking, "Italy", on each article.

On the four samples submitted -- bracelets made of 14 karat gold in widths ranging from 2 to 5 mm -- markings appear on flat links which connect the bracelet chain to the clasp. The word "Italy" is die-sunk once on each of the two links which are attached to either side of the clasp. (The markings measure approximately 1/16" by 1/8".) The karat and Fabrikant trademark are die-sunk on the other side of one of the flat links. The samples are representative of the sizes of the jewelry imported. The company will also be importing necklaces of similar width.

ISSUE:

Does the country of origin marking on the sample gold bracelets, as described above, satisfy the marking requirements set forth in Section 304 of the Tariff Act of 1930, as amended?

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 are 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 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 ultimate purchaser in the U.S. must be 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 will remain on the article until it reaches the ultimate purchaser unless it is deliberately removed.

19 CFR section 134.1(d), Customs Regulations (19 CFR 134.1(d)), defines the "ultimate purchaser" as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser.

As a general practice, marking requirements are best satisfied by a type of marking which is worked into the article at the time of manufacture. For example, in the Customs Regulations it is suggested that the country of origin on metal articles be die-sunk, molded-in or etched. See, 19 CFR 134.41(a). With respect to the marking requirements for jewelry we have stated:

In those instances where the nature of the jewelry permits, e.g. when the clasp on a necklace or bracelet has a surface area large enough to permanently mark the country of origin, the article should be indelibly marked by die-sinking, engraving or stamping on the clasp or some other conspicuous location. Alternatively, a metal or plastic tag indelibly marked with the country of origin may be permanently attached to the article. HQ 729615 (January 21, 1988).

Indelible marking, however, is not the only means by which jewelry may be marked with origin. Customs normally permits any reasonable method of marking that will remain on the article during handling and until it reaches the ultimate purchaser. This includes the use of paper stickers or pressure sensitive labels and string tags. See HQ 734310 (December 2, 1991). If paper stickers or pressure sensitive labels are used, section 134.44, Customs Regulations (19 CFR 134.44), provides that they must be affixed in a conspicuous place and in a secure enough manner so that unless deliberately removed, they will remain on the article while it is in storage or on display and until received by the ultimate purchaser.

In those instances where, due to the size or nature of the article, die-sinking (or other means of indelible marking) is illegible or too small to be read without a magnifying glass, the country of origin should also be indicated in some other manner, such as by use of a string tag or an adhesive label securely affixed to the article. A string tag or adhesive label is permitted as the only means of marking articles which are too small to be indelibly marked and do not permit the permanent attachment of a metal or plastic tag ( e.g. a small earring). HQ 729615 (January 21, 1988). This requirement is in no way intended to mandate or express a preference for the use of string tags, labels, etc. on those articles which are capable of being marked in a legible manner by die-sinking, etching, engraving, or by some other indelible means.

In HQ 734481 (August 19, 1992), Customs ruled that certain jewelry marked by means of engraving the origin on the endcaps of the jewelry near the clasp did not satisfy the requirements of 19 U.S.C. 1304. The importer, accordingly, was instructed to mark the chains by some other method, such as by affixing hang tags. In reaching this conclusion, Customs looked to C.S.D.s 79-47 (August 7, 1978) and 79-379 (April 9, 1979) where Customs required corrective marking (string tags) on gold jewelry because the existing indelible marking failed to meet the standard of legibility and/or conspicuousness. The result in all three of these decisions would have been different had the indelible markings been sufficiently legible and conspicuous. Hang tags were required only because the quality of the indelible marking was deficient.

Customs finds that marking the subject gold jewelry by die- sinking the word "Italy" once on each of the two links attached to either side of the clasp, is an acceptable means of individually marking the imported articles. The clasp, or the links on either side of the clasp, are conspicuous locations. Upon inspection of the marking on the links, Customs is also satisfied that it is perfectly legible. Even though the length of the marking (1/8") and the dimension of the individual letters making up the marking (1/16") are small, the quality of the marking in well-defined lettering is such that it can be read without difficulty. Therefore, because the marking is clear and legible and appears in a conspicuous location, the facts in this case are distinguishable from those in C.S.D.s 79-47 and 79-379 and HQ 734481 where the legibility and/or conspicuousness of the markings was inadequate.

HOLDING:

Die-sinking the country of origin of gold jewelry on the links attached to the jewelry clasp is an acceptable means of marking so long as the quality of the marking is such that it can be easily read. The indelible marking on the sample bracelets submitted satisfies the requirements of 19 U.S.C. 1304.

Sincerely,

John Durant, Director

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