Mar-2-05 CO:R:C:V 734150 AT
Ms. Monica Noyes
Polyflame Concepts U.S.A., Inc.
30 Commerce Road
Stamford, CT. 06904
RE: Country of origin marking of cigarette lighter and vinyl
pouch imported from Korea; adhesive labels; 19 CFR 134.41(b);
19 CFR 134.44(b); permanent marking; Bureau Circular Letter
No. 345, HQ 700018, HQ 720871 revoked
Dear Ms. Noyes:
This is in response to your letter dated March 15, 1991,
requesting a binding and prospective ruling on the country of
origin marking of cigarette lighters and their vinyl pouch
containers.
FACTS:
Your company intends to import cigarette lighters and vinyl
cigarette lighter pouches from Korea. You state that the
imported lighters will arrive in the U.S. in their respective
vinyl pouch and packaged in separate clear polybags used only for
shipping purposes. You have also submitted a sample of the
cigarette lighter,vinyl pouch and clear polybag in the same
condition it would arrive in the U.S. The cigarette lighter has
a polished solid brass bottom and top case with ring belt printed
with the name "Marlboro". The vinyl pouch is brown in color and
has an opening at the top so that the lighter can be placed into
it. Examination of the articles reveal that both the lighter and
pouch are marked "Korea" with pressure sensitive labels that are
securely affixed.
ISSUE:
Whether the country of origin marking described above
satisfies the requirements of 19 U.S.C.. 1304 and 19 CFR Part
134?
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, C.A.D. 104 (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, 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.
With regard to the permanency of a marking section
134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that
as a general rule marking requirements are best met by marking
worked into the article at the time of manufacture. For example,
its suggested that the country of origin on metal articles be die
sunk, molded in or etched. However, section 134.44, Customs
Regulations (19 CFR 134.44), provides that except for articles
which are the subject of a ruling by the Commissioner of Customs
or those articles classifiable in an item number specified in
section 134.43, Customs Regulations (19 CFR 134.43), any marking
that is sufficiently permanent so that it will remain on the
article until it reaches the ultimate purchaser unless
deliberately removed is acceptable. If paper stickers or
pressure sensitive labels are used, they must be affixed in a
conspicuous place and so securely that unless deliberately
removed they will remain on the article while it is in storage or
on display and until it is delivered to the ultimate purchaser.
(19 CFR 134.44(b)). See also 19 CFR 134.41
In Bureau Circular Letter No. 3045 (August 18, 1958),
Customs ruled that country of origin marking on cigarette
lighters by means of cellulose or other tape, paper labels, or
string tags would be unacceptable. It was determined that there
was no reasonable assurance that such markings would remain on
the imported article until it reached the ultimate purchaser.
The conclusion reached in the circular regarding the marking
of cigarette lighters was affirmed in HQ 700018 (July 13, 1982)
and HQ 720871 (July 5, 1983)
However, we find that the conclusion is inconsistent with
the regulations which permit any reasonable method of marking
including pressure sensitive labels that will remain on the
article unless deliberately removed and numerous rulings on this
issue. See HQ 731089 (February 13, 1989), marking imported
women's footwear (moccasin, beach sandal) by means of a vinyl
label attached with adhesive was an acceptable country of origin
marking; HQ 732299 (April 20, 1989), paper labels affixed to a
conspicuous place on an imported necklace and sufficiently
permanent was an acceptable country of origin marking of the
article; HQ 732836 (December 28, 1989), paper label affixed to a
leather dart wallet imported into the U.S. was an acceptable
method of marking the wallet's country of origin; HQ 733880
(February 8, 1991), country of origin marking of undercarriage
spare parts by means of pressure sensitive labels permanently
attached was an acceptable method of marking the article's
country of origin provided such labels are conspicuously placed
and remain on the articles until they reach the ultimate
purchaser and that the country origin marking remain legible.
In this case, examination of the labels reveals that these
pressure sensitive labels are affixed in a conspicuous place on
the cigarette lighter and leather pouch and that they are
sufficiently permanent to meet the requirements of 19 CFR 134.44.
We also find that the marking "Korea" on the label is easy to
find and is securely affixed and would in our opinion, come off
only if it were deliberately removed. Accordingly, the
requirements of 19 USC 1304 and 19 CFR 134.44 are satisfied and
this method of marking the country of origin on these particular
articles is acceptable.
The following rulings, which are not in accordance with our
finding that pressure sensitive labels permanently affixed in a
conspicuous place on a cigarette lighter are an acceptable method
of marking the article's country of origin are revoked: Bureau
Circular Letter No. 345 (August 18, 1958); HQ 700018 (July
13,1982); and HQ 720871 (July 5, 1983).
HOLDING:
Marking the country of origin of a cigarette lighter and a
leather pouch by means of pressure sensitive labels permanently
affixed in a conspicuous place is an acceptable method of marking
the country of origin of the imported cigarette lighter and
leather pouch under the requirements of 19 U.S.C. 1304 and 19 CFR
134.44. Prior rulings are modified or revoked in accordance with
this ruling.
Sincerely,
John Durant, Director
Commercial Rulings Division