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HQ 734937




March 17, 1993

MAR-2-05 CO:R:C:V 734937 RC

CATEGORY: MARKING

Mr. Douglas Arbuckle
Edinburgh Crystal
Eastfield, Penicuik, Midlothian EH26 8HB

RE: Country of Origin Marking for Crystal Tumblers.

Dear Mr. Arbuckle:

This is in response to your request, dated November 17, 1992, for a ruling on the acceptability of the country of origin marking for certain crystal tumblers.

FACTS:

Your company, Edinburgh Crystal, manufactures lead crystal whiskey tumblers made in Scotland for retail sale in the United States. The tumblers are packaged in boxes indicating "EDINBURGH CRYSTAL" on every panel. The tumblers themselves are marked "EDINBURGH CRYSTAL" in two places, (1) etched on the bottom and (2) by adhesive label. The country of origin does not appear on the boxes or the tumblers. Your submission indicates that you may change the label on the base to read "EDINBURGH CRYSTAL SCOTLAND".

ISSUE:

Whether the marking "EDINBURGH CRYSTAL" or "EDINBURGH CRYSTAL SCOTLAND" satisfies 19 U.S.C. 1304 and 19 CFR Part 134.

LAW AND ANALYSIS:

Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that foreign-made goods or their containers be marked in a conspicuous place legibly, indelibly, and permanently to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. The country of origin for marking purposes is defined by section 134.1(b), Customs Regulations (19 CFR 134.1(b)), to mean the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Here, the tumblers having been manufactured in Scotland must be marked to indicate the country of origin by the following choice of words "Scotland", "United Kingdom", or "Great Britain".

"Edinburgh" is not a "country" within the meaning of 304 and 134.1(a). "Edinburgh" is a tradename or mark within the meaning of section 134.47, Customs Regulations. Thus the name of the country of origin accompanied by "Made in" or "Product of" must appear in close proximity and conspicuously. This marking must appear conspicuously, legibly, and indelibly on the box (not on the bottom) and on the tumbler, either by label or etched.

Section 134.45(b), Customs Regulations, addresses approved marking abbreviations and variant spellings. Any abbreviation must unmistakably indicate the country of origin to the ultimate purchaser. Articles manufactured in Scotland may be marked "U.K." or "Gt. Britain". (T.D. 74-130(1)).

HOLDING:

The markings "EDINBURGH CRYSTAL" and "EDINBURGH CRYSTAL SCOTLAND" do not satisfy the country of origin requirements of 19 USC 1304 and 19 CFR Part 134.

Sincerely,

John Durant, Director

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