NY 810650 - THE COUNTRY OF ORIGIN MARKING OF Individually Wrapped Confectionery Packaged For Retail Sale. - United States International Trade Commision Rulings

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NY 810650

May 30, 1995

MAR-2 S:N:N7:232 810650

CATEGORY: MARKING

Ms. Wanda J. Nelson
Sathers Inc.
PO Box 28
Round Lake, MN 56167-0028

RE: THE COUNTRY OF ORIGIN MARKING OF Individually Wrapped Confectionery Packaged For Retail Sale.

Dear Ms. Nelson:

This is in response to your letter dated May 12, 1995 requesting a ruling on the marking requirements of individually wrapped confectionery packaged for retail sale. Various marked samples were submitted with your letter for review.

Samples of six types of confectionery products were submitted. "Tiger Pops", "Cows Butter Toffee", "Blo-Bubble Lollypops" and "Sonic Boom Bubble Gum" are all individually wrapped confectionery products packaged for retail sale in clear plastic with a paper header label. The country of origin is placed on the edge or in the twist of the wrappers of the confectionery. The top right portion of the back of the paper header includes the words "Distributed by Sathers Inc., Round Lake, MN 56167". The country of origin is also shown in the top right of the paper header following the ingredients. The "Tiger Pops" are marked "Product of Columbia", the "Cows Butter Toffees" are marked "Product of Argentina", the "Blo-Bubble Lollypops" are marked "Product of Brazil" and the "Sonic Boom Bubble Gum" is marked "Product of Canada". Samples were also submitted of "Jaw Breakers" and "Blueberry Confections". These products are individually wrapped confectionery packaged in clear plastic freezer bags. The freezer bags contain no labelling or marking information. The "Jaw Breakers" are marked "Produced by Ferrara Pan Candy Co., San Louis Potosi, Mexico" on the edge of the back of the wrapper. The "Blueberry Confections" are marked "Product of Mexico" in the center of one side of the wrapper.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered 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, it is 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.

The marking of imported "Tiger Pops", "Cows Butter Toffees", "Blo-Bubble Lollypops", "Sonic Boom Bubble Gum" and "Blueberry Confections" , as described above, are conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported confectionery products. The "Jaw Breakers" are not conspicuously marked. The country of origin should be clearly shown on the center of the wrapper.

In Headquarters Ruling 732226 dated April 7, 1989, Customs ruled that a country of origin marking on individually wrapped confectionery that appears at the edge of the wrapper and is obscured by the folded wrapper is not sufficiently conspicuous; it must appear in the center of the wrapper to be in compliance with the requirements of 19 U.S.C. 1304 and 19 CFR 134.41(b). The "Jaw Breakers", which are marked at the edge of the back of the wrapper, are not conspicuously marked. The retail packaging would have to show the country of origin. The marking on the "Blueberry Confections", which is in the center of the wrapper is conspicuous, and the retail packaging would not have to show the country of origin.

The marking on the individually wrapped pieces of "Tiger Pops", "Cows Butter Toffees", "Blo-Bubble Lollypops" and "Sonic Boom Bubble Gum" is not an acceptable country of origin marking because it is not conspicuous. However, since these products are packaged for retail sale and the retail package shows the country of origin, the products are legally marked.

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.

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 or locality other than the actual country of origin appears.

Since the paper header labels of the retail packaging for the "Tiger Pops", "Cows Butter Toffee", "Blo-Bubble Lollypops" and "Sonic Boom Bubble Gum" contain the words "Distributed by Sathers Inc., Round Lake, MN 56167", the country of origin must appear on the paper header label in close proximity and in at lease comparable size to this U.S. locality, regardless of whether the individually wrapped confectionery is properly marked with the country of origin.

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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