MAR-2-05 CO:R:C:S 735321 KR
Mr. Doug Stein
General Housewares Corp.
1536 Beech Street
P.O. Box 4066
Terre Haute, IN 47804
RE: Country of origin marking of knives bearing the trademark
"Chicago Cutlery", "Classic Chef", "American Maple", "American
Carver" and "American Carver Professional"; trademark; 19 CFR
134.47.
Dear Mr. Stein:
This is in response to your letter dated August 18, 1993,
and subsequent letters and materials dated August 19, 1993,
September 10, 1993, May 12, 1994, and August 30, 1994, requesting
a country of origin marking ruling concerning imported knife sets
packaged in cardboard cartons. You submitted several samples of
cartons and blue prints of cartons you intend to use to package
the knife sets. We regret the delay in responding.
FACTS:
You state that you wish to import knife sets, bearing the
trademark "Chicago Cutlery". The styles you will import are
labeled: "Classic Chef", "American Maple", "American Carver" and
"American Carver Professional". The knife blades have the words
"Designed & Marketed by Chicago Cutlery" printed on them. On the
opposite side, the knife blade is punch stamped "Stainless
Taiwan". You submitted samples of the actual cardboard boxes in
which you intend to package the knives. You also submitted
blueprints of boxes which you intend to use in the future. The
boxes submitted are printed in several places with the name of
the style of the knife ("Classic Chef", "American Maple",
"American Carver" and "American Carver Professional") in large
print. The brand name of the knife, "Chicago Cutlery", also
appears in large print in several places on the box. The name of
the importer and its U.S. address is printed twice on the side
panel of the carton. Also on the side panel of the "Classic
Chef" style are the words "An American Co." The same side panel
of the box is printed with:
Cutlery Made in Taiwan.
Wood Block Marked
With Country of Origin.
The bottom panel of the box is printed with:
Product designed in the U.S.A.
Packaging designed and printed in the U.S.A.
Cutlery crafted in Taiwan
Wood block marked with country of origin
The blue prints of the boxes you intend to use in the future
have the brand name of the knife and the knife style name printed
in various locations on the box in large print. The blueprint
boxes are printed on the side panel with:
CHICAGO CUTLERY INTERNATIONAL
brand is a limited selection of fine products
manufactured for Chicago Cutlery in Taiwan
or China. Chicago Cutlery International
brand products have been specially selected
for their unique design, quality craftsmanship
and exceptional value.
This printing is superimposed on a picture of a marble plaque.
Below this appears a warranty paragraph and, in a separate
paragraph, the importer's Customer Services Department U.S.
address. Below this is printed:
Cutlery and Storage Block made in Taiwan or china
as
indicated on the product.
Below this the importer's name and U.S. address is printed again.
You submitted evidence showing that "Chicago Cutlery", "American
Carver", and American Maple" all are trademarks registered with
the U.S. Patent and Trademark office.
The wooden block made to hold the knives on a counter top,
submitted as a sample, has an adhesive label attached to the
block reading "Made in China".
ISSUE:
Do the knives, wooden block and their packaging satisfy the
country of origin marking 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.
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR
134.41(b), mandates that the ultimate purchaser in the U.S. must
be able to find the marking easily and read it without strain.
In addition, 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, appears 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 (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.
Similarly, 134.47, Customs Regulations (19 CFR 134.47),
requires a slightly less restrictive marking. Under 134.47,
when the name of a place other than the country of origin appears
as part of a trademark or trade name or as part of a souvenir
marking, the name of the actual country of origin must appear in
close proximity to the place name "or in some other conspicuous
location". In other words, if the question concerns a trade name
or trademark, the country of origin marking needs only to meet
the general standard of conspicuousness. Under either 134.46 or
134.47, the name of the country of origin must be preceded by
"Made in", "Product of", or words of similar meaning. See HQ
734175 (February 24, 1992); HQ 734277 (December 24, 1991); HQ
734644 (July 1, 1992); HQ 734568 (December 16, 1992).
The first issue in the present case is the sufficiency of
the marking which appears on the cardboard box samples submitted,
stating the country of origin of the knives, but instructing the
ultimate purchaser to inspect the actual wood block for the
block's country of origin. This is required because the block
may be sourced from various locations. The sample wood block
submitted has an adhesive label attached which states "Made in
China". While not recommended, Customs previously has allowed
importers to place a mark on the exterior container instructing
the ultimate purchaser to view the actual article to determine
its country of origin. In HQ 734101 (July 9, 1991), we allowed
toys sold inside plastic eggs in a vending machine to be
individually marked with the actual country of origin, but since
this was not visible, to have the machine marked "The Toys
Contained In This Machine Are Marked With The Country Of Origin,
And May Be Made In One Or More Of The Following Countries: Hong
Kong Taiwan China". In another case, Customs ruled that an
importer of automobile parts may mark the packaging "Contents
Imported, See Article for Country of Origin". HQ 734491 (April
13, 1992). In HQ 734544 (July 24, 1992), Customs allowed the
importer to mark the cartons not only with the possible countries
of origin, but also with the instruction to inspect the item
itself for the actual country of origin. In order to qualify for
this type of marking, Customs held that the carton must be
unsealed allowing the purchaser to inspect the product prior to
purchase. See also HQ 732099 (November 3, 1989 )("see bulb for
country of origin" is acceptable on resale carton); HQ 732374
(July 9, 1989)("refer to neck label" acceptable on polybag
containing shirt).
Further, Customs has allowed this type of marking to be used
in conjunction with 19 CFR 134.46 and 19 CFR 134.47. In HRL
734469 (September 22, 1992), Customs ruled that hang tags which
were affixed to conspicuously marked sunglasses and marked with
the words "Country of Origin Indicated On Sunglasses" in close
proximity and in at least a comparable size to the non-origin
geographical reference "Dallas, TX U.S.A." satisfied the country
of origin requirements of 19 CFR 134.46. In HRL 735024 April 7,
1994), Customs held that the same marking as occurred in HRL
734469, supra, also satisfied the requirements of 19 CFR
134.47.
The knives submitted as samples in the current case are
printed on one side of the blade with the trademark "Chicago
Cutlery" and the other side of the blade is printed with the
country of origin "TAIWAN". The trademark triggers the
requirements of 19 CFR 134.47, requiring the words "Made in" or
"Product of", or other similar phrase to precede the country of
origin which appears on the blade.
In this case, the cardboard boxes submitted are printed with
"American Maple", "American Carver" and "American Carver
Professional" and "Chicago Cutlery" in large print. As these all
qualify as trademarks, the provisions of 134.47 apply. Each of
the boxes submitted has a label on the side panel reading
"Cutlery Made in Taiwan. Wood Block Marked With Country of
Origin." For purposes of 134.47, this is a conspicuous
location. Therefore, based on the above-cited rulings, we find
that this marking, coupled with the actual country of origin
marking appearing on the wood block, satisfies the requirements
of 19 CFR 134.47. This finding presumes that the boxes are
unsealed so as to allow the purchaser to inspect the wood block.
The side panel of the boxes submitted also are printed with
the U.S. address of the importer. This, as well as the words "An
American Co." on the side panel of the "Classic Chef" style,
trigger the more stringent requirements of 134.46. We find that
the country of origin label on the same side panel is in close
proximity , and in at least comparable sized print to the U.S.
address and the words "An American Co." Therefore, the marking
on the label on the side panel of the unsealed boxes, coupled
with the actual country of origin on the wood block, satisfies
the requirements of 19 CFR 134.46.
The blueprint of the boxes is printed in a similar fashion
as the actual cardboard boxes submitted. However, in the case of
the blueprint box, both the knives and wooden block must be
inspected for the country of origin. The marking on the
blueprint reads "Cutlery and Storage Block made in Taiwan or
China as indicated on the product". We find that this marking on
the blueprint box, with the actual country of origin appearing on
the knife and block, will satisfy the requirements of 134.46
with respect to the U.S. address appearing on the same side as
that marking, and the requirements of 134.47 with respect to the
trademark references.
HOLDING:
We find that the markings appearing on the cardboard boxes
submitted, the blueprints of boxes, and the wood block submitted
satisfy the requirements of 19 CFR 134.46 and 19 CFR 134.47.
However, the marking on the knives will meet the requirements of
19 CFR 134.47 only if the words "Product of" or "Made in" or
other similar words precede the country of origin.
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is entered. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
John Durant, Director
Commercial Rulings Division