NY A87629 - COUNTRY OF ORIGIN MARKING OF IMPORTED LABELS AND PRINTED MATTER, FROM CANADA; ARTICLE 509 - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1997 NY Rulings > NY A87600 - NY A87680 > NY A87629

Previous Ruling Next Ruling
NY A87629

October 3, 1996

MAR-2 RR:NC:2:234 A87629

CATEGORY: MARKING

Mr. Fred G. Beeby
Ross-Ellis Printing Inc.
300 Ann Street
Montreal, Que. H3C 2K2
CANADA

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED LABELS AND PRINTED MATTER, FROM CANADA; ARTICLE 509

Dear Mr. Beeby:

This is in response to your letter dated September 3, 1996, requesting a ruling on whether certain labels and printed matter, to be used after importation to identify and describe the contents of recordings or other merchandise packaged for retail sale, are required to be individually marked with their own country of origin. Five marked samples, designated "#1" through "#5", were submitted with your letter for review.

Sample #1, identified as a "Cassette Card," is a 4" x 19 1/2" strip of printed paper which has been folded a number of times so that it will fit into a standard clear plastic box for an audio cassette tape. When inserted into such a box, its exposed surfaces will function as a label, displaying a particular recording's title, the name (and a picture of) its performers, list of songs, bar code and distribution/copyright information. Additional photos and text can be viewed if the strip is unfolded.

Sample #2 is a 2 3/4" x 5" folded paper "Hang Tag" designed to be attached to footwear being offered for retail sale. It is printed with a picture and information about a particular brand of water-resistant boots.

Sample #3 is a 4 1/2" x 6" sheet of perforated paper ("CD Insert") printed with a list of songs recorded on a specific compact audio disk. It is accompanied by a 4 3/4" x 4 3/4" booklet composed of three staple-bound sheets of paper which are printed with details about the songs as well as information and photos relating to the performers. The insert and booklet will evidently be included in the retail package containing the referenced recording.

Sample #4, "CD Insert & Folder," is essentially the same as #3, except that the booklet is merely a single folded sheet.

(Sample #5, a printed poster said to be used by customers "for any purposes," will not be ruled upon in this letter because the circumstances of its importation and subsequent disposition are not clear. It appears that this product may be outside the scope of the marking principles applicable to samples #1 through #4.)

Your firm will ship items #1 through #4 (in corrugated outer shipping cartons marked "Printed in Canada") to customers in the United States, who in turn will use them to label products (e.g., recordings) manufactured in the U.S.A. Although the submitted samples are individually marked "Printed in Canada," you request permission to omit such marking. You note that end users (purchasers of the U.S. products) will essentially be buying tapes, CD's, etc., not paper labels. In this connection, we note that some of the samples bear references to the U.S. addresses of the recordings' distributors.

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 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.

The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.

Section 134.45(a)(2) of the regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.

Samples #1 through #4 are labels, or printed materials having a similar function, i.e., providing information about the products with which they eventually will be sold. Customs has previously held that labels, imported in properly marked containers by customers who will apply them to their own U.S.-made goods, may be excepted from individual marking pursuant to section 134.32(d) of the regulations. (That is, the importers of the labels are considered the ultimate purchasers of same, the last to receive them in the form in which they were imported. The labels are deemed to subsequently lose their own identity and become an integral part of the U.S. goods to which they are attached.)

Put another way, samples #1 through #4 may be viewed as adjuncts or extensions of the "usual packing containers" in which the referenced U.S. goods will be put up for retail sale. As explained in other rulings (NY A87633, A87636, A87627) being issued to you concurrently, Section 134.22(d)(2) of the regulations provides that goods of a NAFTA country which are usual containers are not required to be marked with their own origin.

To sum up, in view of all the foregoing, the items represented by samples #1 through #4 will not be required to be individually marked with their own country of origin. Such marking will not be required despite the references to U.S. locations, which, as explained in the aforementioned rulings, clearly refer to the packaged U.S. products and thus do not trigger the requirements of section 134.46 of the regulations.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Carl Abramowitz at 212-466-5733.

Sincerely,

Roger J. Silvestri
Director

Previous Ruling Next Ruling