HQ 0735276 - Country of Origin Marking of Bamboo Rakes; Conspicuous Location; 19 CFR 134.46. - United States International Trade Commision Rulings

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HQ 735276

March 15, 1994

MAR-2-05 CO:R:C:V 735276 RC

CATEGORY: MARKING

Mr. Paul R. McGuire
GWM Division
DeJay Corporation
3300 PGA Boulevard
Palm Beach Gardens, Florida 33410

RE: Country of Origin Marking of Bamboo Rakes; Conspicuous Location; 19 CFR 134.46.

Dear Mr. McGuire:

This is in response to your letter of July 19, 1993, requesting a ruling on the country of origin marking requirements for bamboo rakes manufactured in China and imported into the U.S. You made an additional submission on February 24, 1994. We regret the delay in responding.

FACTS:

The rakes are to be marked on their spreaders, samples of which have been provided for examination. The two submitted sample metal spreaders have paper adhesive labels affixed to them. One adhesive label indicates "RAKE-AWAY, The GEO. W. McGUIRE Co., Inc.-Whitestone, N.Y. 11357" in bright yellow letters against a black background. Additionally, there is a product bar code. The other label indicates "SERVISTAR, 24" Bamboo Rake, Our Better Quality, Distributed By SERVISTAR Corporation Butler PA 16003 1510" in bright blue against a white background. The spreaders are die stamped "MADE IN CHINA" 1 1/2 to 2 inches adjacent to the labels. The die stamping is very light and there is no contrast in color. Subsequently, on February 24, 1994, you sent us a fax of a newly designed adhesive label printed "MADE IN CHINA" which you state will appear on the imported rakes. On March 1, 1994, a Customs import specialist in Baltimore advised us that the new labels meet the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

ISSUE:

Whether the country of origin markings as described above are legible, permanent, and in a conspicuous place within the meaning 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. 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)), provides that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Under section 134.46, Customs Regulations (19 CFR 134.46), when words indicating the name of a locality in a country other than the country of origin appear on an article, the name of the country of origin must appear "in at least comparable size" and "in close proximity" to such words preceded by "Made in", "Product of", or other words of similar meaning. Customs rulings interpret the "close proximity" requirement to mean the "same side or surface" where the name of the locality other than the country of origin appears. See HQ 708994 (April 24, 1978). This interpretation prevents the possibility of misleading or deceiving the ultimate purchaser for marking purposes.

In HQ 734462 (October 8, 1992), Customs found injection molded country of origin markings on ski boots to be conspicuous. Customs considered the topography and contrast in color of injection molded markings and noted, "to determine whether or not a marking is legible, Customs must consider all the elements: the relief of the letters, the size and style of print, the location, the format, etc."

Applying the same criteria to the metal rake spreaders, the die-stamp marking "MADE IN CHINA" appears in one place, near the label. The marking is permanent because it is die stamped. However, it is not legible chiefly because the lettering is not impressed sufficiently deeply to create a contrast in color or shade. As such, the die-stamped "MADE IN CHINA" is not easily found. Furthermore, it cannot be read without strain by the ultimate purchaser. The die-stamped country of origin marking is not conspicuous under 19 U.S.C. Section 1304 and Part 134, Customs Regulations. However, upon review of the adhesive labels, we agree with the Customs official in Baltimore that they are acceptable for country of origin marking purposes.

HOLDING:

The die-stamped country of origin marking on the submitted sample rake spreaders is not conspicuous within the meaning of 19 U.S.C. Section 1304 and Part 134, Customs Regulations. The new adhesive labels satisfy 19 U.S.C. Section 1304 and Part 134, Customs Regulations.

Sincerely,

John Durant, Director

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