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HQ 563057





July 15, 2004

MAR-05 RR:CR:SM 563057 KSG

CATEGORY: MARKING

Joe Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia PA 19153

RE: Country of origin marking of imported Halloween Treat Bowl

Dear Mr. Hoffacker:

This is in response to your letter dated May 5, 2004, on behalf of Pfaltzgraff Co., requesting a country of origin marking ruling regarding imported Halloween treat bowls from Colombia. You have submitted a sample for our examination.

FACTS:

This case involves a Halloween treat bowl imported from Colombia. The bowl would be marked on the bottom with a sticker that states “Made Exclusively for Longaberger in Colombia” in lettering that is 1/16 inches in height. The word “Longaberger” is in bolder and larger size lettering, 1/8 inches in height.

The box has a label on the front that would state “Made in Colombia” in lettering 1/16 inches in height. The phrase “HALLOWEEN TREAT BOWL” is in bold lettering ¼ inches in height and the word “LONGABERGER” is in lettering ¼ inches in height. There are no other geographical references printed on the box.

The bowl will be sold from catalogs or from home parties. The bowl would be ordered from the catalog or the party and delivered to the ultimate purchaser in the box, marked as described above.

ISSUE:

Whether the country of origin marking of the imported Halloween bowl as described above satisfies the requirements of 19 U.S.C. 1304? LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), as amended, 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 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.

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, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations, 19 CFR 134.41(b), provides that the degree of permanence of marking should be at least sufficient to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article (or its container) until it reaches the ultimate purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling. The ultimate purchaser must be able to find the marking easily and read it without strain.

You asked if the phrase “Made Exclusively for Longaberger in Colombia” would satisfy the requirements of 19 U.S.C. 1304. This phrase would inform the ultimate purchaser of the country of origin of the Halloween bowl and therefore, is acceptable.

Based on our review of the sample, the size of the lettering on the box would not normally satisfy the requirements of 19 CFR 134.41(b). However, since the bowl itself is properly marked and it is the type of article that normally would be removed for inspection by the ultimate purchaser, the box itself is not required to be marked. See 19 CFR 134.24(d)(3).

HOLDING:

The proposed country of origin marking of the imported Halloween bowl satisfies the requirements of 19 U.S.C. 1304. The phrase “Made for Longaberger in Colombia” is acceptable.

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 officer handling the transaction.

Sincerely,

Myles B. Harmon, Director
Commercial Rulings Division

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