MAR-2-05 CO:R:C:V 731663 KG
District Director of Customs
11 West Huron Street
Buffalo, New York 14202
RE: Country of origin marking requirements of books
Dear Mr. Brainard:
This is in response to your memorandum of July 5, 1988,
(MAR-2-05-COD:RP) forwarded to us as IA 36/88 by the Chief, NIS
Branch I, under cover of a memorandum dated July 27, 1988 (MAR-
2-S:NI:234-52), concerning the proper country of origin marking
of books. We regret the delay in responding.
FACTS:
You asked the following three questions: (1) Is marking the
country of origin on the inside cover or title page of a book
consistent with the intent of Part 134? (2) If a U.S. reference
is made on the title page of a book, must the country of origin
also appear on the title page?(3) Where publication data on the
title page is different from the country of origin as shown on
the outside or inside cover of the book, would this be considered
deceptive under 19 CFR 11.13?
The Chief, NIS Branch I, stated that the policy for country
of origin marking of books was established by ORR Ruling 393-71
(June 24, 1971)("ORR Ruling 393-71"). He suggested that ORR
Ruling 393-71 be reviewed.
ISSUE:
What is the proper country of origin marking on a book.
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. 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 at 302 (1940).
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304.
As you note, section 11.13(c) of the Customs Manual
("section 11.13(c)"), imposed special marking requirements on
books. However, Customs Directive 2120-01 dated December 21,
1984, rescinded the Customs Manual and the special marking
requirements for books were never incorporated into 19 CFR Part
134. Therefore, the special marking requirements set out in
section 11.13(c) are not in effect.
In ORR 393-71, Customs ruled on the country of origin
marking of imported music guides. The basis cited for the ruling
was the special marking requirements for books contained in
section 11.13(c). The ruling letter was issued in 1971, prior to
the 1984 rescission of section 11.13(c). The ruling letter was a
correct interpretation of the marking requirements for books in
1971.
Section 134.41, Customs Regulations (19 CFR 134.41),
requires that "the ultimate purchaser in the U.S. must be able to
find the country of origin marking easily and read it without
strain." A marking should be placed in a location where the
ultimate purchaser would be expected to look. For instance,
pamphlets must be marked on the outside front or back cover page,
ruling letter HQ 729795 (October 1, 1986). However, in HQ 729795
the difference in structure between a pamphlet and a book, which
has a standard structure and format, was noted. It is customary
for a book to contain publishing, printing and copyright
information on the title page and on the back of the title page.
Therefore, the ultimate purchaser could reasonably expect to look
for such information on the title page or the back of the title
page. Therefore, placing the country of origin marking on the
title page would satisfy 19 CFR 134.41 if the print size is large
enough to read and otherwise able to be seen without strain by
the ultimate purchaser.
However, 19 CFR 134.41 does not require that the country of
origin marking appear in the most conspicuous place or any other
specific location. In a case involving the country of origin
marking of trousers, Customs stated that "the marking statute,
19 U.S.C. 1304, requires only that the marking be in a
conspicuous place and we are reluctant to specify a precise place
where alternatives may fairly exist..." HQ 724886 (March 28,
1984). Section 11.13(c), which set forth specific places where
the country of origin marking for books was required to be
placed, was rescinded together with the entire Customs Manual.
In the absence of a specific factual setting, we are reluctant to
arbitrarily require that the country of origin marking for books
always appear in a specific location. It would be necessary to
examine the facts of a particular case to determine whether
marking the country of origin in a particular location in a book
would be conspicuous or not.
Your second question concerns section 134.46, Customs
Regulations (19 CFR 134.46), which requires that when the name of
any city or locality in the U.S., other than the name of the
country or locality in which the article was manufactured or
produced, appears on an imported article or its container, 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. The purpose of this section
is to prevent the possibility of misleading or deceiving the
ultimate purchaser of the origin of the imported article.
Publication of books refers to the distribution of a book.
For instance, if Company A is listed as the publisher of a
particular book, this means that Company A is handling the
distribution of the book and may or may not have also printed and
bound the book. As stated above, books usually have publication
and printing information on the front and back of the title page.
Retail purchasers of books are aware of the usual location of
this information and it is reasonable that a purchaser would
examine the title page to find the country of origin. The
purpose of 19 CFR 134.46 is to prevent consumer deception or
misrepresentation as to the origin of imported products. To
accomplish that goal, 19 CFR 134.46 requires close proximity
between the location of a U.S. address and the country of origin.
Because retail purchasers could reasonably expect to find all the
pertinent publication, printing and copyright information related
to a book on either the front or back of the title page and could
therefore, look at the title page if they were confused by
information appearing elsewhere, an importer satisfies 19 CFR
134.46 if the country of origin is placed on the front or back of
the title page and otherwise complies with the requirements of 19
CFR 134.46.
Your third question asks whether it is deceptive under 19
CFR 11.13 to have publication data on the title page that is
different from the country of origin on the outside or inside
cover. The statutory authority for 19 CFR 11.13 is 15 U.S.C.
1124 and 15 U.S.C. 1125. These statutes have been interpreted by
various courts in cases involving misrepresentation of products.
The language of 19 CFR 11.13 deals with false designations of
country of origin and not deceptive designations of origin.
However, printing the name of any foreign country other than the
country of origin on an imported article could be deceptive. The
proper recourse would depend on the facts involved. At a
minimum, such a situation would invoke 19 CFR 134.46. For the
reasons stated above, if a foreign reference is printed on the
title page, the country of origin should be located on the front
or back of the title page and otherwise comply with the
requirements of 19 CFR 134.46.
HOLDING:
Marking the country of origin on the title page of a book
is conspicuous as set forth in 19 CFR 134.41. If there is a U.S.
address on the title page of a book, 19 CFR 134.46 is satisfied
if the country of origin appears on the front or back of the
title page. If there is a foreign reference to a country other
than the country of origin on the title page of a book, 19 CFR
134.46 is satisfied if the country of origin appears on the front
or back of the title page.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch
cc: Chief, NIS Branch I
New York Seaport