HQ 0735054 - Country of origin marking of pamphlets imported from Canada; U.S. references; gifts; ultimate purchaser; 19 CFR 134.46; 19 CFR 134.1(d); C.S.D. 92-14. - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1994 HQ Rulings > HQ 0733738 - HQ 0735139 > HQ 0735054

HQ 735054

September 14, 1993

Mar-2-05 CO:R:C:V 735054 AT

CATEGORY: MARKING

Mr. Jim Vander Yacht
Border Brokerage Company
P.O. Box B
Blaine, Washington 98230

RE: Country of origin marking of pamphlets imported from Canada; U.S. references; gifts; ultimate purchaser; 19 CFR 134.46; 19 CFR 134.1(d); C.S.D. 92-14.

Dear Mr. Vander Yacht:

This is in response to your two letters dated February 5 and 28, 1993, forwarded to our office by the New York Seaport Area by memo dated March 13, 1993, requesting a ruling on the country of origin marking requirements for imported printed material intended for free distribution. Marked samples were submitted with your letters for our review. We regret the delay in responding.

FACTS:

Your company imports paper booklets printed in Canada into the U.S. The booklets are to be used in the U.S. by doctors to be given to their patients. Your company intends to mark the country of origin of the imported booklets with the phrase "Lithographed in Canada" by one of the two following methods. The first method (Sample 1), has the phrase "Lithographed in Canada" printed on the back panel in black lettering measuring approximately 5 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). The doctor's name is also printed directly to the left of the country of origin marking. On the inside of the front panel the company's name "Krames Communications, Incorporated, 1100 Grundy Lane, San Bruno, CA 94066-3030" appears in black lettering approximately 5 point. The copyright date and other consumer information also appears directly above and below the company's address. Sample 2 has the phrase "Lithographed in Canada" printed on the inside of the front panel in black lettering measuring approximately 5 point. The company's address "Krames Communications, Incorporated, 1100 Grundy Lane, San Bruno, CA" appears directly to the left in black lettering measuring approximately 5 point.

You state that Customs officials at Blaine, Washington, have instructed your company that the country of origin must be marked on the title page in accordance with C.S.D. 92-14 (September 23, 1991). Sample 2 is a recent change to comply with Blaine's instructions. It is your belief that the marking on Sample 1 is in the most conspicuous location and probably more likely to be seen then the marking on Sample 2. Also, you believe that the terms ultimate purchaser and retail purchaser are confused with ultimate user or purchaser and should be clarified. Consequently, you request a clarification of the country of origin marking requirements for printed matter intended for free distribution.

ISSUE:

Whether the country of origin marking on the submitted samples, as 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. Section 134.1(d)(4), Customs Regulations (19 CFR 134.1(d)(4)), provides that if an article is imported and distributed as a gift the recipient is the ultimate purchaser. Therefore, despite your claims, the recipient who receives the booklet in the U.S. free of charge is the ultimate purchaser and the booklets must be conspicuously marked with the country of origin "Canada".

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 HQ 729795, October 1, 1986, Customs ruled that pamphlets and similar multi-page printed matter must be marked in a location which is in fact conspicuous, regardless of whether it is or is not on the title page. Customs further stated that in most cases such a location would be on the front or back of the item. In this case the country of origin marking "Lithographed in Canada" is printed either on the back page (Sample 1) or on the inside of the front page (Sample 2). In our opinion, either location would be conspicuous to the recipient of the booklet. However, both sample booklets have the words "San Bruno, CA" printed on either the inside front page (Sample 1) or on the back of the booklet (Sample 2). Therefore, the two proposed methods of marking the booklet must satisfy the requirements of 19 CFR 134.46 to be acceptable.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than 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. The special marking requirements set forth in section 134.46 are triggered by the presence of the words "San Bruno, CA" printed on the above mentioned locations. Accordingly, the actual country of origin of the booklets must appear "in close proximity" to the U.S. reference and in lettering of at least a comparable size.

Customs has ruled previously that in order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears See, HQ 734485 (July 17, 1992). In C.S.D. 92-14 (September 23, 1991), Customs ruled that placing the country of origin marking on the title page of a book does not satisfy the close proximity requirements of 19 CFR 134.46, if a U.S. reference appears elsewhere in the book.

Since, in this case, the U.S. address printed on sample 1 is not on the same page as the origin marking "Lithographed in Canada" the close proximity requirement of 19 CFR 134.46 is not satisfied and the marking is not acceptable.

However, the U.S. reference and address on sample 2 are on the same inside page as the origin marking "Lithographed in Canada", and therefore the close proximity requirement of 19 CFR 134.46 is satisfied. Also, given that the origin marking "Lithographed in Canada" and the U.S. address "San Bruno, CA" are printed in approximately 5 point lettering, the "comparable size" requirement of 19 CFR 134.46 is satisfied. Accordingly, the country of origin marking on sample 2 satisfies the marking requirements of 19 CFR 134.46 and is an acceptable marking for the imported booklets. We further find that this location is a conspicuous location for the country of origin marking, and that no marking on the back of the booklet is required in order to satisfy the general marking requirements.

HOLDING:

The country of origin marking on sample 1 does not satisfy the close proximity marking requirements of 19 CFR 134.46 and is not an acceptable country of origin marking. The marking on sample 2 satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.46 and is an acceptable country of origin marking for the imported booklets.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling