NY 807856 - Country of Origin Marking of Imported "Daily Planner", from China - United States International Trade Commision Rulings

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NY 807856

March 23, 1995

MAR-2-48:S:N8:234 807856

CATEGORY: MARKING

Mr. Peter J. Fitch
Fitch, King and Caffentzis
116 John Street
New York, N.Y. 10038

RE: Country of Origin Marking of Imported "Daily Planner", from China

Dear Mr. Fitch:

This is in response to your letter dated March 6, 1995, on behalf of your client, Avenues in Leather, requesting a ruling on whether the proposed marking, "Made in China", is an acceptable country of origin marking for imported "Daily Planners" if another marking, "Design-A-Day AMERICA", appears on the article containing a reference to a country or locality other than the actual country of origin of the article. A marked sample was submitted with your letter for review.

The article in question is a daily planner, which measures approximately 6" by 8", and which will contain, in condition as imported, one or more inserts, consisting of pads, calendars, or other paper articles which are inserted in the slots supplied for that purpose. The first insert in the planner will bear the "DESIGN-A-DAY AMERICA" the same as that appearing on the front of the box (described below).

"DESIGN-A-DAY AMERICA" is a logo and trademark belonging to your client, for which a trademark registration request has been filed.

The rest, if any, of the inserts will bear this logo. This planner is marked with the country of origin by means of a textile label which is permanently affixed to the inside of the back cover. The country of origin marking on this label is in 7 point type, and is clearly legible.

The article in question is sold in a picture box measuring approximately 6 1/2" wide by 9" high, by 2" thick. On the front and back panels of the box appear the company trademark, which consists of the term "DESIGN-A-DAY" over the word "AMERICA". On the front, the words "DESIGN-A-DAY" appear in 12 point Serif type, while the word "AMERICA" is in 6 point Sans Serif type. On the back panel, the "DESIGN-A-DAY" is in 8 point Serif type, while the word "AMERICA" is in 3.5 point Sans Serif type.

On both the top and bottom of the box are identification panels which contain the "DESIGN-A-DAY" logo, and which provide the style number of the article, the country of origin of the article, a computerized bar code, the identity of the country of design and of the country where the box was printed. (You have indicated that in the articles to be imported, the new logo, including the word "AMERICA", will appear in all places where the old logo, without that word, now appears on the sample.)

The country of origin designation in each of these identification panels is in 6 point type, while the designation of the countries of design and printing are in 4 point type.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its 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.

Section 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark or trade name or as part of a souvenir marking, the name of the actual country of origin must appear in close proximity to the place name "or in some other conspicuous location". Whether the country of origin appears "in close proximity" or in some other conspicuous place, the name of the country of origin must be preceded by "Made in," "Product of," or words of similar meaning. In other words, if the question concerns a trademark, trade name or souvenir marking, the country of origin marking need only meet the general standard of conspicuousness.

The proposed marking of imported daily planners, as described above, satisfies the marking requirements of 19 CFR 134.47 and is an acceptable country of origin marking for the imported daily planners.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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