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HQ 561075

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July 22, 1998

MAR-2-05 RR:CR:SM 561075 MLR

CATEGORY: MARKING

Paul Rosenthal, Esq.
Laurence Lasoff, Esq.
John Brew, Esq.
Collier, Shannon, Rill & Scott, PLLC
3050 K Street, N.W.
Washington, D.C. 20007

RE: Country of origin marking for coffeemaker; container marking; 19 CFR 134.46

Dear Messrs.:

This is in reference to your letter of July 9, 1998, requesting a ruling on behalf of Proctor-Silex, Inc., concerning the country of origin marking requirements applicable to certain coffeemakers. A sample container was submitted with your request.

FACTS:

It is stated that Proctor-Silex imports and sells certain under-the-cabinet coffeemakers in the U.S. that are manufactured in China. The container submitted is marked on the bottom of the container with:

"Hamilton Beach/Proctor-Silex, Inc. Washington, NC 27889" and
"Made In China"

The container is also marked:

"Imported by Import‚ par Importado por Proctor-Silex Canada, Inc. Picton, Ontario KOK2TO" on the bottom of one side panel of the container, and "Made in China Fabriqu‚ en Chine Fabricado en China Hamilton Beach/Proctor-Silex, Inc. Washington, NC 27889" on the bottom of the other side of the container.

It is stated that the ultimate purchaser receives the coffeemaker in this retail container.
ISSUE:

Whether the words, "Imported by ... Proctor-Silex Canada, Inc. Picton, Ontario KOK2TO" on the side panel of the container trigger the application of the special marking requirements of 19 CFR 134.46.

LAW AND ANALYSIS:

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.

Section 134.46 contains more restrictive marking requirements designed to alleviate the possibility of misleading an ultimate purchaser with regard to the country of origin of an imported article. Treasury Decision (T.D.) 97-62, published August 20, 1997 (62 FR 44211, August 20, 1997), amended section 134.46 to ease the requirement that whenever words appear on imported articles indicating the name of a geographic location other than the true country of origin of the article, the country of origin marking must appear in close proximity and in comparable size lettering to those words preceded by the words "Made in," "Product of," or other words of similar meaning. Effective September 20, 1997, the revised section 134.46 provides that:

In any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "product of," or other words of similar meaning.

In Headquarters Ruling Letter (HRL) 732204 dated July 19, 1989, Customs considered a bottle of "Guinness Extra Stout" with the markings "BREWED IN IRELAND BY," "DUBLIN" and "ST. JAMES'S GATE DUBLIN" on the front label, and "IMPORTED BY THE GUINNESS IMPORT COMPANY STAMFORD, CT" on the back label. HRL 732204 found that "Stamford, Ct." on the back label of the bottle would not confuse an ultimate purchaser as to the origin of the beverage in the bottle as the U.S. address was prominently preceded by the words "IMPORTED BY" and was the address of an importing company. Therefore, it was held that the special requirements of 19 CFR 134.46 were not triggered and it was not necessary to repeat the country of origin of the beverage in close proximity to the U.S. address.

Similarly, in this case, we find that the marking "Imported by Proctor-Silex Canada, Inc. Picton, Ontario" will not mislead an ultimate purchaser into believing that the coffeemaker is made in Canada and the words "imported by" clearly indicate that it was imported into Canada. Therefore, we find that 19 CFR 134.46 is not triggered, and the country of origin "Made in China" does not have to appear on the same side as the "Imported by..." marking.

HOLDING:

Based on the facts and sample presented, we find that the marking "Imported by Proctor-Silex Canada, Inc. Picton, Ontario" will not mislead an ultimate purchaser into believing that the coffeemaker is made in Canada. Therefore, 19 CFR 134.46 is not triggered, and the country of origin "Made in China" does not have to appear on the same side as the "Imported by..." marking.

A copy of this ruling letter should be attached to the entry documents filed at the time the goods are entered. 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,

John Durant, Director
Commercial Rulings Division

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