MAR-2-05 CO:R:C:V 732191 RSD
Mr. Paul W. Dumanski
Rubberset Company
Division of Sherwin-Williams Company
P.O. Box 231
Rt. 413
Crisfield, Maryland 21817
RE: Country of origin marking of paint brush sets
Dear Mr. Dumanski:
This is in response to your letter of March 3, 1989
requesting a country of origin marking ruling for imported paint
brushes. We regret the delay in responding.
FACTS:
Rubberset Company, Division of the Sherwin-Williams
Company, imported paint brush sets made in Canada on February 6,
1989, through the port of Buffalo, New York. Customs in Buffalo
determined that the country of origin marking on the paint
brushes was improper because the packaging on the brushes
contained a U.S. address without a country of origin marking in
close proximity to the U.S. address. A marking notice was
issued on March 2, 1989, which informed you that the marking was
improper. The marking notice also advised that your firm could
contact Customs Headquarters and obtain a binding ruling on the
sufficiency of the marking.
Your letter states that the paint brushes were made in
Canada for sale in Sherwin-Williams stores. You further indicate
that once Customs informed you that the merchandise needed to be
marked with the country of origin, the brushes were stamped on
the handle "Made in Canada." It is your preference to mark the
brushes and not mark the packaging because it is more costly and
more time consuming to place stickers on the packages. You also
point out that the handle stamp is truly permanent, while the
packaging is generally disposed of after the purchase of the
brushes.
A sample was submitted consisting of a pair of paint brushes
which is apparently packaged in a cardboard wrapper to be sold as
a set. The brushes are held together by tape and a cardboard
sleeve which can slide off easily. Several references to names
of U.S. places appear on the packaging: the words "WHITE CHINA
BRISTLE" appear in large letters on the front and back of each
cardboard wrapper; the words "Crisfield, Maryland" appear in very
small letters on the back of each cardboard wrapper; and, the
words "Cleveland, Ohio" appear in small letters on the back of
the cardboard sleeve. The front of each brush is stamped "MADE
IN CANADA" in blue letters 1/8 inch high.
ISSUE:
Must the packaging on the paint brush set be marked with the
country of origin of the brushes?
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 State v. Friedlaender & Co., 27
C.C.P.A. 297 at 302.
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. As provided in section 134.41, Customs Regulations
(19 CFR 134.41), the country of origin marking is considered to
be conspicuous if the ultimate purchaser in the U.S. is able to
find the marking easily and read without strain.
In addition, section 134.46, Customs Regulations (19 CFR
134.46), requires 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 name of the country or locality in which the article was
manufactured or produced, appear 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.
Customs has ruled that in order to satisfy the close proximity
requirements, the country of origin marking must appear on the
same side(s) or surface(s) in which the name of the U.S. locality
appears (HQ 708994, dated April 24, 1978). The purpose of 19 CFR
134.46 is to prevent the possibility of misleading or deceiving
the ultimate purchaser as to the origin of the imported article.
The submitted sample does not satisfy the requirements of 19
CFR 134.46. As indicated above, the front and back of the
packaging contain several references to locations other than the
country of origin: Crisfield, Maryland; Cleveland, Ohio; and
China on the back; and China on the front. In order to satisfy
the close proximity requirement of 19 CFR 134.46, the country of
origin must appear the on same side or surface as these
references. This would be accomplished by marking the country of
origin once on the front and once on the back of the cardboard
wrapper of each brush in a location where it will not be obscured
by the cardboard sleeve.
Although 19 CFR 134.46 also requires that the country of
origin appear in comparable size letters as the locality other
than the country of origin, in this case it is not necessary for
the country of origin to appear in comparable size letters to the
words "WHITE CHINA BRISTLE." This term describes a particular
type paint brush bristle usually made of pig hair and with a
reputation for good quality. Although this term may confuse some
ultimate purchasers as to the country of origin of the paint
brushes, the term also provides descriptive product information
to the ultimate purchaser. Under these circumstances, we find
that any confusion caused by the use of this term would be
eliminated if the country of origin were to appear conspicuously
and in close proximity to these words. The comparable size
requirement applies, however, to the U.S. references on the
packaging.
HOLDING:
We find that in addition to the country of origin marking on
the brush handles, the country of origin marking must also
conspicuously appear once on the front and once on the back of
the cardboard wrapper of each brush. The marking must be preceded
by the phrase "Made in," "Product of," or words of other similar
meaning.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch
cc: District Director, Buffalo