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 > 1998 NY Rulings > NY C84772 - NY C84859 > NY C84829

Previous Ruling Next Ruling
NY C84829

---

March 4, 1998

MAR-2-49:RR:NC:2:234 C84829

CATEGORY: MARKING

Mr. Karl F. Krueger
AEI-Carr Customs Brokerage Services
1600 West Lafayette
Detroit, Michigan 48216

RE: The Country of Origin Marking of Periodicals, from Canada

Dear Mr. Krueger:

This is in response to your letter dated February 13, 1998, on behalf of your client, Interweb, Inc., Boucherville, Quebec, Canada, requesting a ruling on whether the proposed marking "Printed in Canada" is an acceptable country of origin marking for imported periodicals. Marked samples were submitted with your letter for review; they will be retained for reference.

The issuance of this ruling is not to be taken as approval of admissibility, with regard to Sec. 305, Tariff Act of 1930, as amended (19 U.S.C. 1305), of the publications represented by these samples. Decision as to admissibility will be made by Customs officials at the port of entry.

The periodicals, by name, date, and location of marking, are:

1.) High Society Presents Climax, #10/98, Last page 2.) High Society Centerfolds, number 5, page 1 3.) Live Young Girls, May 1998, page 1
4.) Celebrity Skin, #65, page 1
5.) Cheri, April 1998, page 300

In samples 2.), 3.), and 4.), the words "Printed in Canada" are printed at the end of the publication's masthead (directly beneath it), in type as large as or larger than the type in which the publication information of the masthead is printed, and, in whole or in part, in bolder type.

These words, "Printed in Canada", are large enough to be legible, and are not obscured by the other text nearby, or otherwise.

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.

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.

The proposed marking of periodicals represented by samples 2.), 3.), and 4.), ((on page 1 of each sample)) is conspicuous, legible, and permanent, in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 C.F.R. Part 134, and is an acceptable country of origin marking for these periodicals.

The proposed marking of periodicals represented by samples 1.) and 5.), is not acceptable, as page 300 of 5.)and the unnumbered last page of 1.) are not conspicuous places, and would not be "found easily" by the ultimate purchaser.

Page 300 of 5.), while containing certain publication information concerning 5.), is devoted essentially to advertisement of a different publication: the May 1998 edition of "Cheri". It is not a place which a purchaser of 5.) would normally look, to ascertain its country of origin.

The last (unnumbered) page of sample 1.) contains a few lines of publication information about itself, but is devoted essentially to advertisement of a telephone service with an unprintable name. It is not a place which a purchaser of 1.) would normally look, to ascertain its country of origin.

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

A copy of this 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 this ruling, contact National Import Specialist Carl Abramowitz, at (212) 466-5733.

Sincerely,

Robert B. Swierupski
Director

Previous Ruling Next Ruling