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HQ 563007





July 14, 2004

MAR-2-05 RR:CR:SM 563007 AL

Category: MARKING

Ms. Joanne Brewer, Office Manager
Bronner’s CHRISTmas Wonderland
25 Christmas Lane
P.O. Box 176
Frankenmuth, Michigan 48734-0176

RE: Country of Origin Marking for glass Christmas ornaments and their gift boxes

Dear Ms. Brewer:

This is in response to your letter dated March 16, 2004, regarding the country of origin marking requirements for glass Christmas ornaments and the gift boxes containing those ornaments.

FACTS:

According to the March 16, 2004 letter, Bronner’s CHRISTmas Wonderland (“Bronner”) is an importer of glass Christmas ornaments and products and sells such products through its web site and mail-order catalog. When an order is made through either the internet or the catalog, Bronner ships the customer’s order in a gift box which has the words “Bronner’s CHRISTmas Wonderland Frankenmuth, Mich. World’s Largest Christmas Store” on the top of the box and Bronner’s address located in the United States (“U.S.”) pre-printed in green letters on the side of the box. The address also includes “U.S.A.” You state that the gift boxes are used for breakage protection, advertising and as a courtesy to the customer. The gift boxes are then placed in a larger carton for shipping.

Four samples have been provided to demonstrate four distinct ways Bronner has proposed to mark the country of origin for its products purchased through its web site or catalog. They are as follows:

Snowman and Tree Ornament, Product No. 1072-037 – A white label, visibly printed in green with “Made in China,” is attached to the gold string holding the ornament. There is no country of origin marking on the gift box.

Patriotic Candy Cane Ornament, Product No. 1071-820 – The ornament is wrapped in plastic with a sticker label on the plastic wrap marked “Bohemian Glass Made in Czech Republic for BRONNER’s.” There is no country of origin marking on the gift box.

“Teaching God’s Word” round ornament, Product No. 1077-310 – The product is not marked with the country of origin. The gift box has a white label measuring 0.75 in. by 0.25 in. with “Made in Hungary” printed in black lettering located at the bottom of the box. Bronner’s pre-printed address is located on the side of the box, along with Bronner’s Michigan reference on the top of the box.

“Roll the Dice” ornament, Product No. 1071-909 – The product is marked with a hang-tag with “Made in Germany” printed on the tag. The gift box also is marked with a white label with “Made in Germany” in black lettering, measuring 0.75 in. by 0.25 in. The label is located on the bottom of the box. Bronner’s pre-printed address is located on the side of the box, along with the Bronner’s Michigan reference on the top of the box.

ISSUE:

What are the country of origin marking requirements for the ornaments and their respective gift boxes described above?

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 United States 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. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will.” United States v. Friedlaender & Co., 27 C.C.P.A. 297, 302 (1940).

Part 134 of the Customs Regulations implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in 19 CFR 134.41(b), the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Furthermore,
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.

19 CFR 134.46.

By contrast, 19 CFR 134.47 is less stringent and provides that when the name of a place other than the country of origin appears as part of a trademark or trade name or as part of a souvenir marking, the name of the actual country of origin must appear in close proximity to the spurious name “or in some other conspicuous location.”

Furthermore, here, Bronner’s address on each gift box includes a reference to “Frankenmuth, MI” and “U.S.A.” This could mislead or deceive the ultimate purchaser as to the origin of the ornament. We find that Bronner’s address on the side of the gift box triggers the requirements of 19 CFR 134.46. Although the logo on the top of the box is a registered trademark, it appears that the reference to “Frankenmuth, Mich.” is not a part of the trademark. See HQ 733833 (February 19, 1991) and HQ 722064 (August 3, 1983). Therefore, the “Frankenmuth, Mich.” reference on the top of the box will trigger the requirements of 19 CFR 134.46 as well.

The country of origin marking phrase on the gift box must be in close proximity to both U.S. references. We have ruled that in order to satisfy the close proximity requirement of 19 CFR 134.46, the country of origin marking must appear on the same side(s) or surface(s) on which the name of the locality other than the country of origin appears. See HQ 708994 (April 24, 1978); HQ 733084 (March 19, 1990); HQ 732191 (April 27, 1990); and HQ 733618 (July 26, 1990). Thus, for the packaging in this case to meet the marking requirements of section 134.46, the country of origin marking must be indicated not only on the same side of where Bronner’s U.S. address is located but also on the top of the box where “Frankenmuth, Mich.” is located.

We note that the marking on the “Snowman and Tree” ornament, the “Patriotic Candy Cane” ornament, and the “Roll the Dice” ornament themselves satisfy 19 CFR 134.41(b). Nonetheless, in certain instances, it is acceptable to mark the country of origin of an article on its container in lieu of marking the article itself. Articles for which the marking of the containers will reasonably indicate the origin of the articles are excepted from marking under 19 USC 1304(a)(3)(D) and 19 CFR 134.32(d). In this case, if the ornaments are shipped in gift boxes which are marked with the country of origin of its contents in accordance with 19 CFR 134.46, then marking the gift boxes alone will be acceptable.

HOLDING:

In order to satisfy the marking requirements set forth in 19 USC 1304 and Part 134 of the Customs Regulations, the country of origin labels must be placed on the gift boxes in close proximity to Bronner’s U.S. address located on the side of the box, and to the “Frankenmuth, Mich.” reference located on the top of the box.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs and Border Protection officer handling the transaction.

Sincerely,

Myles B. Harmon, Director
Commercial Rulings Division

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