NY F83393 - THE COUNTRY OF ORIGIN MARKING OF BALL POINT PENS FROM KOREA - United States International Trade Commision Rulings

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NY F83393

March 13, 2000

MAR-2 RR:NC:SP:221 F83393

CATEGORY: MARKING

Mr. Donald S. Stein
Manatt, Phelps & Phillips, LLP
1501 M Street N.W.
Suite 700
Washington, D.C. 20005-1702

RE: THE COUNTRY OF ORIGIN MARKING OF BALL POINT PENS FROM KOREA

Dear Mr. Stein:

This is in response to your letter dated February 3, 2000, on behalf of BIC Corporation, requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported ball point pens. A marked sample was submitted with your letter for review.

The pen consists of a translucent clear clip on a translucent colored barrel. The pen is marked with the company logo (“BIC”), the style name (“Velocity”), and the ink color (“black”) printed in black letters on the clip. The country of origin (“KOREA”) is molded into the top of the clip. The marking is “blind,” that is, molded into the material without any contrast in color from the background.

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.

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.

As provided in section 134.41(b), Customs Regulations (19 C.F.R. §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. In HQ 733940, of October 24, 1991, Customs Headquarters described certain factors that need to be considered in determining if the country of origin marking on an article, such as a pen, is conspicuous within the meaning of 19 C.F.R. §134.41 and 19 U.S.C. §1304. Among the factors that should be considered are the size of the marking, the location of the marking, whether the marking stands out, and the legibility of the marking. The size of the marking should be large enough so that the ultimate purchasers can easily see the marking without strain. The location of the marking should be in a place on the pen where the ultimate purchaser could expect to find the marking or where he/she could easily notice it from a casual inspection. Whether the marking stands out is dependent on where it appears in relationship to other print on the article and whether it is in contrasting letters to the background.

No single factor should be considered conclusive by itself in determining whether a marking meets the conspicuous requirement of 19 C.F.R. §134.41 and 19 U.S.C. §1304. Instead, it is the combination of these factors which determines whether the marking is acceptable. In some cases, a marking may be unacceptable even when it is in a large size because the letters are too hard to read or it is in a location where it would not be easily noticed. In other cases, even if the marking is small, the use of contrasting colors, which make the letters particularly stand out, could compensate to make the marking acceptable. Blind stamping, while not a preferred method of marking, may be acceptable when, due to factors such as the size and depth of the imprint and the type and color of material onto which it is stamped, the marking is easy to find and readable without strain.

In applying these factors to the instant pen, we find that, while the marking is in a conspicuous location, and the size of the marking is sufficiently large, the blind stamping on the translucent material is almost illegible to the naked eye.

The sample pen is not conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 134, and the proposed blind stamping is not an acceptable country of origin marking for the imported pens. We suggest marking in a contrasting color such as the present marking of the logo, style and ink color on the clip.

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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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