HQ 561641 - Country of origin marking for imported hiking and trekking poles; conspicuous marking; 19 CFR 134.41(b); 19 CFR 134.46 - United States International Trade Commision Rulings

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HQ 561641

March 17, 2000

MAR-05 RR:CR:SM 561641 RSD

CATEGORY: MARKING

Ms. Carol Hagyard
A.N. Deringer, Inc.
1010 Niagara Street
Buffalo, New York 14213

RE: Country of origin marking for imported hiking and trekking poles; conspicuous marking; 19 CFR 134.41(b); 19 CFR 134.46

Dear Ms. Hagyard:

This is in response to your letter dated December 17, 1999, on behalf of Leki U.S.A., Inc. (Leki), regarding the country of origin marking requirements for imported hiking and trekking poles. You submitted three sample poles for our consideration.

FACTS:

Leki is a domestic corporation, which sells imported hiking poles, trekking poles, ski poles, and other related poles. The submitted samples in this case are various styles of hiking and trekking poles, which were made in the Czech Republic. The three sample poles are marked “Made in Czech Republic”. The country of origin markings on the poles are permanently stenciled in gold or silver printed letters that contrast with the background color of the poles. The country of origin markings are located near other descriptive information which is also printed on the poles. Two hangtags with descriptive information are attached to the top of the poles. An address in a European style format, “LEKI Lehnart GmbH, Karl-Arnold-Strasse 30, D-73230 Kirchheim/Teck”, followed by telephone numbers, an internet web address and an e-mail address is printed on the back of one of the hangtags.

Customs has issued two previous rulings to Leki regarding the country of origin marking of various types of poles. In Headquarters Ruling Letter (HRL) 561384, dated June 21, 1999, Customs reviewed the permanent country of origin markings on a set of sample poles that Leki submitted. After reviewing the sample poles, we noted that, with certain exceptions, the country of origin markings could be found from a casual inspection and could be read without strain. As such, we concluded that the permanent markings on these poles satisfied the requirements for conspicuousness and legibility as set forth in 19 CFR 134.41(b), and of the country of origin marking law.

In HRL 561448, dated October 1, 1999, Leki requested that Custom review the markings on a number of sample ski poles to determine if they satisfied the country of origin marking law. With the exceptions noted in the ruling, we determined that the country of origin markings on the sample ski poles were conspicuous and legible and thus satisfied the requirements of the country of origin marking law and regulation.

Leki now requests that Customs review more samples of the current model poles to determine whether they are properly marked with their country of origin.

ISSUES:

Whether the country of origin marking on the hiking and trekking poles is sufficiently legible and conspicuous to satisfy the requirements of the country of origin marking law.

Whether the address information in a European style format on the back of one of the hangtags attached to poles triggers the special marking requirements of 19 CFR 134.46.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. §1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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. Congressional intent in enacting 19 U.S.C. §1304 was that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product.

Part 134 of the Customs Regulations implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. Section 134.41(b), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. That section further provides that the degree of permanence should be at least sufficient to insure that in any reasonably foreseeable circumstance the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed.

After reviewing the three sample poles, we believe that the country of origin markings on these sample poles can be found from a casual inspection and can be read without strain. Therefore, we find that the permanent country of origin markings on the three sample poles meet the requirements of 19 U.S.C. 1304 and 19 CFR 134.41(b) for conspicuousness and legibility.

The second issue that is presented in this case is whether the address information, in a European format, printed on the back of one of the hangtags would trigger the special marking requirements of 19 CFR 134.46. Section 134.46 (revised) provides that its’ special marking requirements are triggered only when the non-origin marking may mislead or deceive the ultimate purchaser as to the actual country of origin of the article. Section 134.46 specifies 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 this instance, we believe that the address information in a European style format on the back of one of the hangtags attached to the ski poles could have the potential of confusing some ultimate purchasers regarding the actual country of origin of the poles. Accordingly, the special marking requirements of 19 CFR 134.46 are triggered by the address information on the back of one of the hangtags. Therefore, the country of origin must also appear on the back of the same hangtag in close proximity to the address information in at least a comparable size lettering, preceded by “Made in”, “Product of”, or other words of similar meaning.

HOLDING:

The country of origin markings on the sample poles are conspicuous and legible and therefore, meet the requirements of 19 CFR 134.41(b). The presence of the address information in a European format on the back of the hangtags triggers the special marking requirements of 19 CFR 134.46.

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,

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