MAR-2-69:S:N:N3:227 809408
Ms. Jillian S. Castrucci
Follick & Bessich, P.C.
225 Broadway, Suite 500
New York, NY 10007
RE: Country of Origin Marking of Imported Ceramic Coffee Canisters
Dear Ms. Castrucci:
This is in response to your letter dated April 13, 1995, on behalf of Jayme Products, requesting a ruling on whether the proposed marking of "Made in Taiwan" on the outside cardboard container is an acceptable country of origin marking for the imported ceramic coffee canisters when the individual article, itself, is not marked (noting a reference to "Sweden" that appears on the article which is a country or locality other than the actual country of origin of the article). A marked sample was submitted with your letter for review. Sample is being returned as requested.
The sample submitted is a ceramic coffee canister, measuring nearly 7 inches high, with an airtight clasp opening. On the front side of the canister is an emblem which designates the name of the coffee company "Gevalia," while at the top of the canister is a royal emblem with the statement "By Appointment to His Majesty The King of Sweden" which is written in gold coloring. It is noted that the canister is packaged individually with two pieces of fitted styrofoam specifically designed to be placed at the top and bottom of the canister and then tightly fitted in a white box with an open panel. One panel of the box is left open for presentation purposes, so that when the ultimate purchaser opens the mailing box one will immediately see the canister within its immediate container. Affixed to one of the carton's panels is a label with the marking of "Made in Taiwan" (measuring 1 1/4 inches long by 1/8 of an inch wide). The white box is then packed in a clear plastic bubble paper and placed in a mailing box.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the
U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its 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.
Moreover, the reference to the "King of Sweden" on the top of the canister invokes the provisions of Section 134.46. Under section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than 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.
Applying the requirements of Section 134.46, Customs has in numerous rulings determined that the "close proximity" requirement means the "same side or surface" where the name or locality other than the country of origin appears. This interpretation prevents the possibility of misleading or deceiving the ultimate purchaser for marking purposes.
The proposed marking of the imported ceramic coffee canisters, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and, therefore, to be considered properly marked in accordance with 19 CFR 134.46, the country of origin marking, "Made in Taiwan," must appear on the side or panel of the canister that makes reference to the country of "Sweden."
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).
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,
Jean F. Maguire
Area Director
New York Seaport