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NY B88266




August 13, 1997

MAR-2 RR:NC:SP:230 B88266

CATEGORY: MARKING

Mr. Reginald Williams
A.N. Deringer, Inc.
RR 3, Box 5400
Houlton, ME 04730

RE: THE COUNTRY OF ORIGIN MARKING OF PRESSURE-TREATED WOOD PRODUCTS FROM CANADA; ARTICLE 509

Dear Mr. Williams:

This is in response to your letter dated July 21, 1997, on behalf of your client, Atlantic Pressure Treating Ltd. (Frederic-ton, NB, Canada), requesting a ruling on the acceptability of proposed country of origin marking for various imported wood products. A sample strip of printed labels was submitted with your letter for review.

The sample is a strip of flexible white plastic measuring 7/8" x 9 1/2" and continuously printed with a series of identical blocks of text separated by small, oblong-shaped holes at 1 3/8" intervals. The strip evidently is intended to be cut into individual labels measuring 7/8" x 1 3/8".

The upper portion of each block of print consists of the brand name "Suntrellis," in bold, stylized type of about 9 points, under which appears a product description (`4 1/2" Flat Post Cap') in approximately 6-point type. (A point is a unit of type measurement equal to 0.01384 inch.) The center portion bears a large bar code with product identification number. Finally, near the bottom edge, the phrase "Fait Au/Made in Canada" appears, in approximately 4-point type having a somewhat indistinct, stretched-out style.

Your client proposes to attach these labels to various pressure-treated wood products (lattice panels, porch posts, stair treads, balusters, post caps, moldings, fence panels, etc.) which will be individually offered for retail sale.

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. 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.

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.

We find that the proposed marking of the imported wood products using the above-described labels fails to satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, and does not represent acceptable country of origin marking. While we have no basic objection to the use of printed labels to mark the merchandise in question (assuming the labels are securely affixed to the imported items, in locations easily seen by prospective purchasers upon casual examination), the particular labels represented by the submitted samples are not sufficiently legible.

We note that the print used to identify the country of origin is the smallest present, and cannot easily be read without strain unless examined closely. The casual viewer's attention tends to be drawn more toward the larger print of the brand name, description and bar code. In addition, we believe that the labels themselves and their country of origin markings are needlessly tiny, especially in relation to the large size of the wood articles to which they pertain. (Some of the products are up to 6 feet in width or 12 feet in length.) We would therefore suggest that the size of both the labels and the origin-related print be increased in order to make them more readily apparent.

Based on the foregoing, we conclude that the marking, as proposed, for the imported wood products is not in compliance with 19 U.S.C. 1304 and 19 CFR Part 134.

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 Paul Garretto at 212-466-5779.

Sincerely,

Gwenn Klein Kirschner

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