MAR-2-05 CO:R:C:V 734310 RSD
Mr. Leigh Schmid
Manager, International Trade and Customs Services
Peat Marwick Thorne
777 Dunsmuir street
P.O. Box 10426
Vancouver, B.C. Canada
V7Y 1K3
RE: Country of origin marking for diamond rings, wedding bands,
and pendants by use of paper adhesive stickers; jewelry, tags; 19
CFR 134.41, 19 CFR 134.44
Dear Mr. Schmid:
This is in response to your letter dated August 12, 1991, on
behalf of your client, Spence Diamonds Ltd. (Spence), regarding
the country of origin marking for imported diamond rings, wedding
bands, and diamond pendants. A sample of the tag by which
Spence proposes to mark the jewelry with its country of origin
was attached to your letter. The tag did not have any writing on
it.
FACTS:
Spence Diamonds Ltd. will import wedding bands, diamond
engagement rings, and pendants. You claim that the due to the
nature of these articles, it is impossible to mark them without
causing them physical damage. Instead, Spence proposes to mark
each piece of jewelry with its country of origin through use of
paper adhesive tags. The tags will be printed with the words
"Made in Canada" in a legible type. The tag is wrapped around
ring or pendant chain with the adhesive side tags pressed
together. You further claim that the tag would remain on the
jewelry until delivery to the final consumer. The sample
adhesive paper tag is yellow and is in the shape of a barbell.
Adhesive has been applied to back of both end rounded ends of the
tag.
ISSUE:
Will marking the country of origin for ring and pendants
through the use adhesive tags which will wrap around the jewelry
satisfy the requirement of the country of origin marking law?
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). 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(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.
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. See 19 CFR 134.41.
However, the Customs Service normally permits any reasonable
method of marking that will remain on the article during handling
until it reaches the ultimate purchaser. This includes the use
of paper sticker or pressure sensitive labels and string tags.
See HQ 703500, March 10, 1990. If paper stickers or pressure
sensitive labels are used, section 134.44, Customs Regulations
(19 CFR 134.44), provides that 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.
In HQ 732299, April 20, 1989, in the case of necklaces,
Customs approved the use of paper adhesive labels that were
affixed to a conspicuous place on the articles. We noted that
the label was securely affixed and would come off only if it was
deliberately removed. In this case because there is adhesive at
both ends of the tag, it appears that the tag will remain the
jewelry unless it is deliberately removed. However, without a
sample showing how the tag will be affixed to the jewelry, we
cannot definitely state that the tag will not fall off.
Accordingly, if the district director at the port entry is
satisfied that the tag will remain on the article, the use these
tags to indicate the country of origin of the jewelry will
satisfy the permanence requirements of 19 U.S.C. 1304 and 19 CFR
part 134. Similarly, without a sample of the tag with the
country of origin marking printed on it, we cannot determine if
the country of origin marking on the tag will satisfy the
requirements of 19 U.S.C. 1304 and 19 CFR Part 134 with respect
to conspicuousness and legibility.
HOLDING:
The paper adhesive tags may be used to mark the rings and
pendants with their country of origin as long as the district
director at port of entry is satisfied that they are sufficiently
affixed to the articles that they will remain on them until they
reach the ultimate purchasers unless they are deliberately
removed.
Sincerely,
John Durant, Director
Commercial Rulings Division