NY 812429 - The marking of a figurine in a drinking glass - United States International Trade Commision Rulings

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NY 812429

July 25, 1995

MAR-2 S:N:N3:226 812429

CATEGORY: MARKING

Mr. Hsiou-Fang Drymiller
Roman, Inc.
555 Lawrence Avenue
Roselle, Illinois 60172-1599

RE: The marking of a figurine in a drinking glass

Dear Mr. Drymiller:

In your letter dated May 1, 1995, you requested a ruling regarding the proper country of origin marking for a figurine in a drinking glass.

The product consists of a leprauchan figure in "beer foam" sitting in a glass. You indicated that the figure and "beer foam" are made in China from "polyresin" (probably artificial stone). The glass is made in England. A stone from Ireland rests on the head of the figure.

The marking statute, Section 304, Tariff Act of 1930 as amended (19 USC 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 will permit in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

The essential character of the product in question is clearly represented by the figure. Since the figure is made in China, the country of origin of the complete product is China.

Although the box which will carry the product is marked "Made in China," the item itself is not properly marked. Since many retailers will probably display and market this type of product outside of the box, marking of the box alone is not sufficient. The item itself must be marked with the country of origin in order to assure that the ultimate purchaser of the article will be aware of this information.

2

Furthermore, our review of the submitted sample indicates that both the product and the box are marked with potentially confusing information. The glass is marked "Made in England." Since the entire product is regarded as a product of China, this reference to England is inappropriate. In addition, the glass is marked with the logo "Guiness" which refers to a popular Irish beer.

The top of the box is marked (in relatively small print) with the phrase "Made in China." However, the front of the box is marked in a much more conspicuous manner with references to Blarney, County Cork and Ireland.

The product itself must be marked with the words "Made in China" in a legible, indelible, permanent and conspicuous manner. In accordance with Section 134.46 of the Customs Regulations (19 C.F.R. 134.46), the words "Made in China" or "Product of China" must appear in lettering at least as large as the logo "Guiness" and in the same location as the logo. The words "Made in England" are inappropriate.

If you would like to indicate the origin of each component of the product, then the item should be marked in the following manner. The marking should indicate that the complete item is made or assembled in China and includes a figure and foam made in China, a drinking glass made in England and a stone from Ireland.

The item itself must be marked. If you choose to mark the box as well, the potentially confusing marking which appears on the sample box submitted is not acceptable. The references to Ireland and Irish locations on the sample box are much larger and more conspicuous than the reference to China.

If the box is marked with any country of origin, it must clearly indicate in a legible, indelible, permanent and conspicuous manner that the product is made in China. The box may indicate that the item is made in China and includes a figure and foam made in China, a drinking glass made in England and a stone from Ireland. However, in accordance with 19 C.F.R. 134.46, the reference to China must be at least as large and conspicuous as the references to Ireland and Irish localities. If the box is marked, the reference to China must appear in the same location as the references to Ireland and Irish localities.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. 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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