MAR-2-05 CO:R:V:C 733864 RSD
Mr. Jim Pettit
Jackson Pacific Inc.
Import-Export
8900 Burnham Road E-3
Tigard, Oregon 97223
RE: Country of origin marking of Christmas cards/ornaments; 19
CFR 134.47, 19 CFR 134.46, conspicuous, souvenir marking, close
proximity
Dear Mr. Pettit:
This is in response to your letter of October 8, 1990,
requesting a country of origin ruling regarding imported
Christmas cards and ornaments with a logo of a minor league
hockey team, the "Portland Winter Hawks."
FACTS:
Your company is importing Christmas cards made in Taiwan
for a minor league hockey team, the Portland Winter Hawks. Each
card includes a gold-plated brass ornament on the front. A
sample paper cut-out version of the ornament and a black and
white copy of the Christmas card was submitted. The ornament
includes the words "HAWKS 15th Anniversary 1976-1991" and
"Portland Winter Hawks" and a drawing of hockey players. Inside
the card the following message appears:
SEASON'S GREETINGS
AND
BEST WISHES
FROM THE
PORTLAND
WINTER HAWKS
CELEBRATING OUR
15th ANNIVERSARY
1976-1991
The statement "MADE IN TAIWAN" is on the back left hand corner of
the card.
ISSUE:
Must the country of origin marking be on the same side of
the card as the team name, "Portland Winter Hawks" to be
conspicuous and therefore, 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.
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 it 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
requirement, the country of origin marking must appear on the
same side(s) or surface(s) in which the name of the locality
other than the country of origin 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.
Section 134.47, Customs Regulations (19 CFR 134.47),
provides that when as part of a trademark or trade name or as
part of a souvenir marking, the name of a location in the U.S.
appears, the article shall be legibly, conspicuously, and
permanently marked to indicate the name of the country of origin
of the article preceded by the words "Made in," "Product of," or
other similar words, in close proximity or in some other
conspicuous location (emphasis added). In such circumstance, no
comparable size requirement exists.
In HQ 731524, December 18, 1989, Customs applied the
requirements of 19 CFR 134.47 to sunglasses manufactured in
Mexico for distribution in Puerto Rico which had a souvenir
marking on one of the lenses. Specifically, the words "Puerto
Rico," and a tower of a building silhouetted against the sky were
imprinted on one of the lenses. Customs found that marking the
country of origin on the temple was acceptable even though it
was not in close proximity to the "Puerto Rico" souvenir mark.
In this case, we consider the words "Portland Winter Hawks,"
to be a souvenir marking within the meaning of 19 CFR 134.47.
Therefore, the country of origin marking must be in close
proximity or in some other conspicuous location, and preceded by
the words "Made in," "Product of," or other similar words. In
this case the "Made in Taiwan" marking on back of the card is
easy to find and read without strain. Accordingly, it is
conspicuous within the meaning of 19 CFR 134.41 and 19 CFR
134.47.
HOLDING:
The hockey team name "Portland Winter Hawks" is a souvenir
marking within the meaning of 19 CFR 134.47. Therefore, the
country of origin need not appear in close proximity to the word
"Portland." We find that the "Made in Taiwan" marking on the
back of the card/ornament satisfies the requirements of 19 U.S.C.
1304, 19 CFR 134.41 and 19 CFR 134.47.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch