MAR-2-05 CO:R:C:V 731882NL
Vernon L. Brooks, Port Director
U.S. Customs Service
Interstate 87
Champlain, NY 12919
RE: Country of Origin Marking of Children's Books
Dear Mr. Brooks:
This is in response to an inquiry of October 28, 1988, from
Barbara Mitchell of your staff asking whether submitted samples
of three three variously marked children's books imported from
Canada complied with the country of origin marking requirements
of 19 U.S.C. 1304 and 19 CFR Part 134. We regret the delay in
responding.
FACTS:
The first sample, entitled "Cuckoo! What time is it?" bears
publication, copyright, and promotional information on the inside
front cover, and under the publisher's name the words, "Montreal-
Canada". The outside back cover of the book bears the imprint,
"Printed in Spain" in approximately the same sized type. The
second sample, "Day at the Zoo", provides on the outside of the
rear cover a list of titles in the same series, the words,
"Brown-Watson" (which we presume to be the publisher's name) and
just below it the word, "England". The inside of the rear cover
incorporates the final page of text and pictures, and bears the
words, "Printed in Czechoslovakia", together with a copyright
attributable to Artia, Prague, and a credit for illustrations to
V. Kubasta. All of this information is printed sideways to the
spine of the book in type approximately one-half the size
(1/16")of the type in which the word, "England" is printed on the
outside of the rear cover. The third sample, "Nursery Rhymes",
bears the name, "Brown-Watson" on the outside of the rear cover
and below it the word, "England". There is no other marking in
the book other than the text. Each of the sample books is bound
in hard cardboard and in each all of the publication, copyright
and country of origin information is imprinted on the inside or
outside of the cardboard cover.
ISSUE:
Do Customs Regulations 134.41 and 134.46 apply to these
children's books so as to require that markings indicating the
country of printing appear on the same page as markings
indicating the country of publication?
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 United States 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.
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin requirements and exceptions of 19 U.S.C.
1304. Under former section 11.13(c) of the Customs Manual,
special marking requirements existed for books. However, the
Customs Manual was rescinded in 1984 (Customs Directive 2120-01,
December 21, 1984), and no special requirements are in force for
books pursuant to 19 CFR 134. Rather, we apply the broad
provisions of 19 U.S.C. 1304 and 19 CFR Part 134.
Section 134.1(b), Customs Regulations, defines country of
origin for marking purposes as the country of manufacture,
production, or growth of the imported article. That section
further provides that work or material added to the article in
another country must effect a substantial transformation in order
to render such other country the "country of origin". In the
case of books, a foreign publisher may or may not have printed or
bound the book in the country in which he is located. When the
book is produced or manufactured in a third country and imported
into the U.S. by the publisher, 19 U.S.C. 1304 requires that the
book be marked as a product of the third country. In the absence
of information that any of the samples have been substantially
transformed in, respectively, Canada or England, we presume
that the marking "printed in" found in the first two samples
amounts to a declaration that the books are products of,
respectively, Spain and Czechoslovakia. As to sample three,
since the only designation of origin is not contradicted by any
other imprinted marking or any other information, we presume
that the book is manufactured in England. We find that sample
three is conspicuously marked within the meaning of section 19 U
.S.C. 1304 and 19 CFR Part 134. Regulations.
Turning to samples one and two, we note that it is customary
for a standard format book to contain publishing, printing and
copyright information on the title page and on the back of the
title page. We held in HQ 731663 (July 18, 1989) that country of
origin marking on the title page or on the back of the title page
of a book satisfied the requirement of conspicuousness set forth
in 19 U.S.C. 1304(a) section 134.41, Customs Regulations (19 CFR
134.41), provided the marking was easily located and could be
read without strain. We noted that a reader (the ultimate
purchaser) would reasonably be expected to look to the title page
or back of the title page for information of this type. HQ
731663 also pointed out, however, that section 134.41 does not
require that the country of origin marking appear in the most
conspicuous place or any other specific location; that ruling
merely held that the title page or back of the title page of a
book was one conspicuous location where the ultimate purchaser
might be expected to look for country of origin information.
An additional requirement affecting the location of country
of origin marking for books is set forth in section 134.46,
Customs Regulations (19 CFR 134.46). That section provides that
when the name of any city or locality in the U.S., 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 the 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 possiblity of misleading or deceiving
the ultimate purchaser as to the origin of the imported article.
With respect to imported books, the requirements of section
134.46 are triggered when the title page, or other pages carrying
publication and copyright information, bear the names of
countries and localities other than the country of origin. We
held, again in HQ 731663, that country of origin marking
imprinted on the title page or the back of the title page was in
sufficiently close proximity to potentially confusing names or
words to satisfy the requirements of section 134.46.
Children's books like the submitted samples require a
somewhat different analysis as to what constitutes conspicuous
marking and what marking is in close proximity to other names to
prevent confusion or deception to the ultimate purchaser. The
products are designed to afford entertainment principally through
pictures and text read aloud by an adult. The intended reader
is not the ultimate purchaser who would base buying decisions
upon the country of origin of the product. Copyright and
publication information which appears on the title page of an
adult book is found in the submitted samples on the front or
rear of the hard cardboard cover or the insides of the cover.
Thus, the conclusion reached in HQ 731663 is not applicable to
these products. They contain no standard title page to which a
reader and ultimate purchaser might be expected to turn for
country of origin information. We believe that country of origin
marking which is made more permanent for children's books by
incorporation in the cardboard cover is consistent with the
intent of 19 U.S.C. 1304(a) in that it adapts the marking to the
nature of the article. We are further of the opinion that
adults, the ultimate purchasers, may reasonably be expected to
look for country of origin marking information on either the
outside or inside of the cover of the children's book. Such
marking, provided it is easily located and able to be read
without strain, would generally satisfy the requirement of
conspicuousness contained in 19 U.S.C. 1304(a) and section
134.41.
However, as to the two remaining samples (having determined
on the basis of the available facts that sample three is
adequately marked), we find that the locations of the "printed
in" country of origin markings do not satisfy the marking
requirements. In sample one, where the inside of the cover page
contains a foreign name ("Montreal-Canada"), the mark "printed in
Spain" on the outside of the back cover is not in sufficient
proximity to avoid leaving the ultimate purchaser with the
possible impression that the book was manufactured in Canada.
For this book, section 134.46 requires that the words "printed in
Spain" appear on the same page as the name "Montreal-Canada".
Because the book does bear country of origin marking, however, we
would be reluctant to conclude, in the absence of further
information, that any intent to mislead or deceive was exhibited.
Accordingly, the importer should be given an adequate period of
time in which to adjust the marking of the product to comply
with this requirement.
Sample two is deficient in two respects. The words,
"printed in Czechoslovakia" appear on the inside back cover in
lettering of not more than 1/16", and the back cover is an
integral part of the text. We find that this marking is not
easily found and not read without strain as required by section
134.41, and is not conspicuous within the meaning of 19 U.S.C.
1304(a). We also find that this marking does not meet the
requirements of section 134.46 in that it is not in close
proximity to the place (the back cover) where the name "England"
appears, and the lettering is not of comparable size. A
possibility of confusion to the ultimate consumer is therefore
present. For compliance with the marking provisions of 19 U.S.C.
1304 and 19 CFR Part 134, the origin marking of this book must
appear on the same back cover as the word "England", in letters
of comparable size. Because we find no evidence of an intent to
mislead or deceive, the importer should be given an adequate
period of time in which to adjust the marking of the product in
accordance with this requirement.
MAR 2-05 CO:R:C:V:NL
732272
Paul Liebau
P.S.A. Ventures
80 Empire Street
London, Ontario
Canada N5Y1G7
Dear Mr. Liebau:
This is in response to your letter of March 14, 1989 in
which you inquired as to the duty and country of origin marking
requirements applicable to imported books. We regret the delay
in responding to your inquiry.
The sample submitted with your letter consists of a
paperback book, approximately 5"X 8", bearing the words "Printed
in Canada" at the bottom of the back of the title page, together
with other publication, copyright and distribution information.
The typeface for "Printed in Canada" is the same size as the
other information printed on that page.
In general, books and printed materials are provided for in
chapter 49 of the Harmonized Tariff Schedule of the United States
(HTSUS) and are eligible to enter the U.S. duty free. The
submitted sample appears to be classifiable under heading 4901
HTSUS. You are cautioned, however, that not all printed
materials provided for in chapter 49 may be imported duty free.
Duty is imposed, for example, on imported maps, calendars,
newspaper supplements and postcards. For your guidance, I
enclose a copy of Chapter 49, HTSUS, so that you may review its
provisions.
With respect to your second question, the words "Printed in
Canada" appearing on the back of the sample's title page are
conspicuous so as to indicate to an ultimate purchaser in the
U.S. the article's country of origin. Such marking is in
conformity with the requirements of Section 304 of the Tariff
Act of 1930, as amended (19 U.S.C. 1304) and Part 134, Customs
Regulations (19 CFR Part 134), which implements the country of
origin marking requirements of 19 U.S.C. 1304. See HQ 731663
dated July 18, 1989, (copy enclosed), holding that marking the
country of origin on the title page or back of the title page of
a book will generally satisfy the requirements of 19 U.S.C. 1304
and Part 134, Customs Regulations.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
Enclosures and Admissibility
Branch
HOLDING:
For purposes of 19 U.S.C. 1304, when a children's book does
not incorporate a conventional title page, marking the country of
origin on the outside or inside cover of the book in lettering
which is easily located and read without strain is conspicuous.
However, on any page containing publication, copyright, or
promotional information in which a reference to a country or
locality other than the country of origin appears, 19 CFR 134.46
requires that the country of origin appear on the same page in
comparably-sized lettering.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissiblity Branch
CO C:V:R:Leighn
Start - 10/20/1989
Final - 10/26/1989