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NY A89159




November 27, 1996

MAR-2 RR:NC:2:225 A89159

CATEGORY: MARKING

Mr. Robert Glover
Coppersmith Inc.
2501 Santa Fe Avenue
Redondo Beach, CA 90278

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED TOYS

Dear Mr. Glover:

This is in response to your letter dated November 4, 1996 requesting a ruling on whether the proposed marking is an acceptable country of origin marking for an imported toy product if another marking appears on the article containing a reference of 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 subject article consists of a plastic toy in the form of three square blocks permanently connected together. An illustration is depicted on each side panel of the blocks representing the partial image of a character. Each block may be manually turned to alter the appearance of the character portrayed. This product will be imported in a sealed poly bag which is printed with the trademark name "Boston Market" in white letters, 1/8" in height, on a black background. The country of origin "Made in China" is typed in black letters on a white background and measures 1/16" in height. The country of origin is found in the lower right corner of a printed surface of the package. Both markings are printed within the context of an advertisement which illustrates a series of four toy products and makes reference to various other trademarks.

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.

It is the opinion of this office that the small sized printing of "Made in China" does not meet the general standard of conspicuousness. The country of origin marking should be in comparable size lettering to the trademark name of "Boston Market" and should be located within reasonable proximity to such marking. We note that upon insertion of the cubed toy in the sealed poly bag the package takes on a three dimensional form, thereby, causing the country of origin marking to appear on a side panel and not on the same plane as the company's trademark name.

The proposed marking of "Bobby's Silly Scrambler," as described above, does not satisfy the marking requirements of 19 CFR 134.47 and is not an acceptable country of origin marking for the imported item.

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

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 Alice J. Wong at 212-466-5538.

Sincerely,

Roger J. Silvestri
Director

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