MAR-2-05 CO:R:C:V 732689 KG
Sallie McLarty
Potpourri Press
P.O. Box 19566
Greensboro, NC 27419-9566
RE: Country of origin marking of imported mugs, tins and gift
bags
Dear Ms. McLarty:
This is in response to your letter of August 29, 1989,
requesting a country of origin ruling regarding imported mugs,
tins and gift bags. We regret the delay in responding to your
inquiry.
FACTS:
You enclosed a sample mug and its box, a tin and a small
gift bag. The mug is marked "Made in Korea" on its bottom in
large prominent lettering. The box that the mug is sold in is
also marked on the bottom in bold prominent lettering. The tin
is marked "Made in Hong Kong" on its bottom in large prominent
lettering. The small gift bag is marked "Made in Hong Kong" in
bold prominent lettering on the bottom of the bag.
You inquired whether you could replace the phrase "Made in"
with the phrase "Crafted in".
ISSUE:
Whether the phrase "Crafted in" preceding the country of
origin satisfies section 304 of the Tariff Act of 1930, as
amended.
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. The Court of
International Trade stated in Koru North America v. United
States, 701 F.Supp. 229, 12 CIT ___(CIT 1988), that: "In
ascertaining what constitutes the country of origin under the
marking statute, a court must look at the sense in which the term
is used in the statute, giving reference to the purpose of the
particular legislation involved. The purpose of the marking
statute is outlined in United States v. Friedlaender & Co., 27
CCPA 297, 302 C.A.D. 104 (1940), where the court stated that:
"Congress intended 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."
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Country of origin is defined in 19 CFR 134.1(b) as
the country of manufacture, production, or growth of any article
of foreign origin entering the U.S. The question presented in
this case is whether the phrase "Crafted in" indicates that the
article was made in the named country, as required by 19 U.S.C.
1304.
The word "craft" is defined in the Random House College
Dictionary as "to make or manufacture an object with skill and
careful attention to detail." An ultimate purchaser would
therefore understand that the phrase "Crafted in" refers to where
an item was made. Further, in HQ 712210 (March 20, 1980),
Customs ruled that the marking "Handcrafted in Mexico" was
acceptable for the purposes of 19 U.S.C. 1304. There is no
discernable difference in meaning between the word "Handcrafted"
and the word "Crafted" that relates to the origin of a product.
Therefore, the phrase "Crafted in" is acceptable for country of
origin marking.
HOLDING:
The phrase "Crafted in" is acceptable for country of origin
marking purposes.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch