MAR 2-05 CO:R:C:V 732426 pmh
Mr. James C. Banthos
Double Arrow Record Co., Inc.
43-50 Eleventh Street
Long Island City, NY 11101
RE: Country of origin marking requirements for imported record
album jacket
Dear Mr. Banthos:
This is in response to your May 18, 1989 letter requesting a
ruling on the country of origin marking requirements for imported
record album jackets. We apologize for the delay in responding
to your request.
FACTS:
According to your letter, your company imports sound
recordings from the United Kingdom. These record albums are
imported already sleeved in album jackets. When the records and
jackets are manufactured in the same country, several of your
suppliers in the United Kingdom mark the album jackets "Made and
Printed in England" or "Made and Printed in the UK." In the
instances where the records and jackets are not manufactured in
the same country, the album jackets are marked as follows:
"Printed in England" "Country of manufacture of record as shown
on record label." After importation and prior to sale, your
company seals each record album in polywrap. You propose in
those instances where the record and jacket are not manufactured
in the same country, and the country of origin of the record is
no longer accessible due to the polywrap, that a label bearing
the name of the country of origin of the record be affixed to the
polywrap.
ISSUE:
1) Whether record albums may be excepted from individual
country of origin marking if they are imported and sold in album
jackets that are properly marked to indicate the country of
origin of both the album and the album jacket.
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2) Whether the marking "Made and Printed in England" or
"Made and Printed in the U.K." on the album jackets clearly
indicates the country of origin of both the record and the
jacket.
3) Whether record albums, whose country of origin marking is
made inaccessible after importation due to the fact that the
record is inside a jacket and polywrapped, may be marked by means
of a label affixed to the polywrap.
LAW AND ANALYSIS:
Section 304, 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. Part 134, Customs
Regulations (19 CFR Part 134), implements the country of origin
marking requirements and exceptions of 19 U.S.C. 1304.
Pursuant to 19 U.S.C. 1304(a)(3)(D) and section 134.32(d),
Customs Regulations (19 CFR 134.32(d)), an exception from
individual marking is applicable where the marking of the
container of such article will reasonably indicate the origin of
the article. This exception is normally applied in cases where
the imported article is imported in a properly marked container
and Customs officials at the port of entry are satisfied that the
ultimate purchaser, i.e., the last person in the U.S. to receive
the article in the form in which it was imported, will receive it
in its original unopened marked container.
With regard to record albums and album jackets, Customs has
held that even when these are imported and sold together, each is
a separate article for country of origin marking purposes.
Therefore, the record and the jacket must each be marked with its
own country of origin. (See HQ 702026, dated July 6, 1973.) In
addition, section 134.14(a), Customs Regulations (19 CFR
134.14(a)), provides that when an imported article is of a kind
which is usually combined with another article after importation
but before delivery to an ultimate purchaser and the name
indicating the country of origin of the article appears in a
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place on the article so that the name will be visible after such
combining, the marking shall include, in addition to the name of
the country of origin, words or symbols which shall clearly show
that the origin indicated is that of the imported article only
and not that of any other article with which the imported article
may be combined. We believe that 19 CFR 134.14(a) applies here
because two foreign articles are combined and that, therefore,
the marking on the album jacket should clearly show that the
origin indicated is that of the jacket only and not that of the
record. (See HQ 729224, dated January 14, 1987.) Likewise, if
the country of origin of the record is also shown on the jacket,
it must be distinguished as pertaining to the record. In such
instance, the record may be excepted from individual country of
origin marking pursuant to 19 U.S.C. 1304(a)(3)(D).
With regard to the proposed marking, we find that the
language "Made and Printed in England" or "Made and Printed in
the UK" is not sufficiently clear to inform the ultimate
purchaser that the United Kingdom is the country of origin of the
record as well as of the jacket. Although you state that the
record and the jacket are both made in the United Kingdom, it is
not clear from the marking that it refers to anything other than
the album jacket. Either of the indicated markings is acceptable
for the album jacket, but neither marking is an acceptable
country of origin marking for the record. We suggest you make
reference to the record with language such as "Record and Jacket
Made in England."
With regard to the last issue, we note that section 134.26,
Customs Regulations (19 CFR 134.26) applies. Section 134.26
requires that if an imported article is to be repacked, either by
the importer or another repacker, after it leaves Customs custody
and before it reaches the ultimate purchaser, so as to obscure or
conceal the country of origin marking, the importer shall certify
to the local Customs officials that the new packaging will be
properly marked with the country of origin. Certainly, if a
record album properly marked with its country of origin is
sleeved in an album jacket and subsequently polywrapped, its
country of origin marking would be obscured. Therefore, the
marking would not be conspicuous to the ultimate purchaser at the
time of purchase. A label indicating the country of origin of
the record affixed to the polywrap would remedy the situation
provided such label were sufficiently conspicuous and permanent.
As set forth in 19 CFR 134.26, the importer must certify to the
local Customs officials that such label will comply with the
requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
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HOLDING:
1) Record albums may be excepted from individual marking if
they are imported and sold in properly marked album jackets.
2) The marking "Made and Printed in England" or "Made and
Printed in the UK" on imported album jackets is not a sufficient
country of origin marking for the record album which is imported
and sold sleeved inside the jacket; some reference must be made
to the country of origin of the record if such marking will
appear on the album jacket.
3) Record albums that are imported properly marked with the
country of origin, but are subsequently polywrapped inside album
jackets prior to retail sale, are not in compliance with 19
U.S.C. 1304, as the marking is no longer conspicuous. Pursuant
to 19 CFR 134.26, the importer must certify to the local Customs
officials that the polywrap will be properly marked with the
country of origin of the record album.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch