MAR-2-05 CO:R:V:C 733728
Mr. J.M. Altieri
Nestor Reyes, Inc.
P.O. Box 4528
Old San Juan Sta.
San Juan, Puerto Rico 00902-4528
RE: Country of Origin marking of glassware figures; 19 CFR
134.41, conspicuous, permanent
Dear Mr. Altieri:
This is in response to your letter of August 3, 1990,
requesting a country of origin ruling regarding imported
glassware figures called "thingamabobs," made in Spain.
FACTS:
Your client imports blown glassware figures, which you call
glassware "thingamabobs." The glassware is made in Spain using
recycled glass blown into molds. You indicate that the glassware
is used as wedding gifts, mementos, etc. Two samples of the
glassware figures were submitted. One of figures is in the
shape of a swan and the other figure is in the shape of a
basket. Transparent stickers with the words "LA MEITERRANEA HAND
MADE IN SPAIN," are affixed to the bottom of the samples. You
further indicate that the articles are sold in boxes containing
six units each an that each rectangular box is marked "MADE IN
SPAIN" on two sides.
ISSUE:
Is the country of origin marking on glassware figures by
transparent stickers acceptable?
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 States v.
Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940).
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(b), Customs
Regulations (19 CFR 134.41(b)), the country of origin marking is
considered conspicuous if the ultimate purchaser in the U.S. is
able to find the marking easily and read it without strain.
That section further provides that the degree of permanence
should be at least sufficient to insure that in any reasonably
foreseeable circumstance the marking shall remain on the article
until it reaches the ultimate purchaser unless it is
deliberately removed.
The country of origin marking on the glassware figures by
means of transparent stickers can be easily found and can be
read without strain. The country of origin marking on the
glassware figures is therefore conspicuous and legible. The
sticker is also sufficiently secure on the figure that in any
foreseeable circumstance the marking will remain on the article
until it reaches the ultimate purchaser unless it is deliberately
removed.
The sample figures submitted are in a cardboard box which
resembles a packing sleeve. The words "MADE IN SPAIN" are
printed in large letters on two places on the box. Assuming that
the glassware figures are sold to the ultimate purchasers in
this box, or another box which is properly marked with the
country of origin, the marking on the figures and the box would
satisfy the requirements of 19 U.S.C. 1304 and 19 CFR 134.41(b).
HOLDING:
The country of origin marking of the glassware figures by
means of transparent stickers is sufficiently conspicuous,
legible, and permanent to satisfy the requirements of 19 U.S.C.
1304 and 19 CFR Part 134. Therefore the country of origin
marking on the glassware figures is acceptable.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch