NY G85393 - Country of Origin Marking, Hockey Puck; 19 CFR 134.46. - United States International Trade Commision Rulings

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NY G85393

January 9, 2001

MAR-2-95:RR:NC:2:224 G85393

Category: MARKING

Karl F. Krueger
Danzas AEI Customs Brokerage Services
29200 Northwestern Highway
Southfield MI 48034

RE: Country of Origin Marking, Hockey Puck; 19 CFR 134.46.

Dear Mr. Krueger:

This is in response to your letter dated December 8, 2000, on behalf of InGlasCo Corporation, in which you request a ruling on country of origin marking requirements in connection with the importation of certain hockey pucks imported from Canada. A drawing detailing the puck markings was submitted with your letter for review.

According to your letter, your client will import ice hockey pucks from Canada that have been manufactured in the country of Slovakia. The pucks will be sold by the National Hockey League in Canada and the United States. The top surface of the puck as seen from an overview will have a team or NHL logo. A side view of the circular perimeter of the puck reveals two marks located opposite each other. One mark contains the word “OFFICIAL” with the phrase “made in slovakia” directly beneath it. The opposite mark consists of the words “for InGlasCo canada.” You assert that the phrase “made in slovakia” is of the same font size as the word “canada.”

Your concern is whether the special marking requirements of 19 CFR 134.46 are triggered by the reference to Canada on the puck opposite the mark of the actual country of origin of the puck.

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, Customs Regulations (19 CFR 134.46), deals with cases 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 locality 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, appears 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. In such a case, 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. If the ultimate purchaser is not misled or deceived by the additional marking, the origin marking need only satisfy the general marking requirements of permanency, legibility and conspicuousness under 19 U.S.C. 1304 and 19 CFR Part 134.

Under Customs Regulation §134.46, the inquiry by your client is whether or not the word “canada” appearing on a side opposite to the country of origin mark, could reasonably confuse or mislead the ultimate purchaser as to the hockey puck’s country of origin. Customs has held that, under certain conditions, the special, more restrictive requirements of 19 CFR 134.46 will not be triggered when a non-origin geographical reference tends not to deceive or mislead the ultimate purchaser as to the actual country of origin of the article or, as in this case, the context in which the reference is used is such that confusion by the ultimate purchaser regarding country of origin is unlikely. See, e.g., Customs Headquarters Ruling Letter 733695 (January 15, 1991) concerning women’s trousers with metal rivets die-stamped with the words “Bonjour Paris” and with a fabric label sewn into the waistband indicating the country of origin as Hong Kong;

In this case, we find that a hockey puck containing the phrase “for InGlasCo canada” does not trigger the requirements of 19 CFR 134.46. It is our belief that the ultimate purchaser of the puck should understand that “for InGlasCo canada” refers to the name and location of the owner/distributor of the manufactured puck and not to the puck’s place of manufacture.

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 Tom McKenna at 212-637-7015.

Sincerely,

Robert B. Swierupski
Director,

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