MAR 2-05 CO:R:C:V 731760 PH
Mr. Steve Sailofsky
Chateau D'Argent
3441 Ashby-St. Laurent
Quebec, Canada 44R 2K3
RE: Country of origin marking requirements for sterling silver
stamped earrings
Dear Mr. Sailofsky:
This is in response to your letter of August 15, 1988,
concerning the country of origin marking requirements for
sterling silver stamped earrings made in Canada.
FACTS:
The submitted sample consists of four earrings, each
approximately 1/4" to 1/2" in diameter and two of which are
of cut-out design. You have inquired whether stamping the
earrings with the abbreviation "CAN" or "CDN" would satisfy
country of origin marking requirements. You claim that the
earrings are too small to allow for more than a three digit mark.
In addition, you claim that carding the earrings, to enable "made
in Canada" to be legible, would be economically prohibitive and
that using hang tags would be impractical.
ISSUE:
Does stamping individual earrings with "CAN" or "CDN"
satisfy the requirements of 19 U.S.C. 1304?
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
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English name of the country of origin of the article. Part 134,
Customs Regulations (19 CFR Part 134), sets forth regulations
implementing the country of origin marking requirements and
exceptions of 19 U.S.C. 1304. Section 134.41, Customs
Regulations (19 CFR 134.41), provides that the marking of an
imported product must be conspicuous enough so that the ultimate
purchaser will be able to find the marking easily and read it
without strain. Notice of acceptable markings other than the
English name of the country of origin shall be published in the
"Federal Register" and the "Customs Bulletin." Section
134.45(b), Customs Regulations (19 CFR 134.45(b), states that
abbreviations which unmistakably indicate the name of a country
are acceptable.
Customs has ruled that neither "CDA" (724336 dated
January 16, 1984) nor "CAN" (722566 dated September 14, 1983) are
acceptable abbreviations for Canada for country of origin marking
purposes under 19 U.S.C. 1304. Neither abbreviation unmistakably
indicates Canada as the country of origin to the ultimate
purchaser. Likewise, it is our position that "CDN" is not an
acceptable marking under 19 U.S.C. 1304. Accordingly, the mere
stamp of "CAN" or "CDN" on the individual earrings is not suf-
ficient. Furthermore, we note that due to the size of the
earrings, any marking on the individual pieces would not be found
easily or read without strain by the ultimate purchaser.
With regard to the alternative methods of country of origin
marking addressed in your letter, it is the opinion of this
office that you have not provided sufficient explanation as to
why these methods are unsuitable. Although you assert that
carding the earrings is economically prohibitive, you have not
provided any cost estimates to support this. You further state
that hang tagging each pair of earrings is not sufficient because
the tags fall off. However, you have not demonstrated how the
tags would fall off, especially in light of the fact that each
could be secured in place with the earring back. We note that
each of these methods is commonly used in the United States and
would be acceptable under Customs marking requirements. In
addition, we note an alternative acceptable method of placing
each pair of earrings in a plastic bag and using a hang tag.
HOLDING:
Based on the above considerations and after examination
of the samples submitted, we find that the abbreviations "CAN"
and "CDN" are not acceptable because they do not unmistakably
designate the country of origin to the ultimate purchaser. As
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the proposed stamped abbreviations do not comply with 19 CFR
134.45(b) we suggest that you mark the earrings by one of the
alternative acceptable methods that would allow for use of the
whole word "Canada."
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
& Admissibility Branch