MAR-05 RR:TC:SM 559886 KKV
TARIFF NO: 6810.99.00
Mr. Gregory Zitzer
Willitts Design
P.O. Box 75009
Petaluma, CA 94975
RE: Country of origin marking; figurines; misleading;
designed; sculpted
Dear Mr. Zitzer:
This is in response to your letter dated May 29, 1996
(and additional submission received by our office on July
19, 1996), which requests reconsideration of New York ruling
817519, concerning the country of origin marking
requirements for imported figurines which have been designed
in the United States. We note, however, that your current
inquiry focuses upon facts and proposed marking which differ
slightly from your initial request. Therefore, your request
will be treated as a separate request for a ruling under the
purview of 19 CFR Part 177 and this ruling shall not be
construed a reconsideration New York ruling 817519.
FACTS:
We are informed that Willitts Designs imports four
figurine lines from China and Thailand which are
manufactured from molds which were designed and made in the
United States. Each of the imported figurines is marked
"Designed and Sculpted in the U.S.A" and either "Made in
Thailand" or "Made in China."
ISSUE:
Whether imported figurines made from a mold which was
designed and fabricated in the U.S. may be marked "Designed
and Sculpted in the U.S.A,." in addition to the country of
origin, upon the importation of the finished figurines into
the U.S.
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 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. 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.
Friedlander & 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. Section 134.46, Customs
Regulations (19 CFR 134.46), contains more restrictive
marking requirements designed to alleviate the possibility
of misleading an ultimate purchaser with regard to the
country of origin of an imported article. Specifically, 19
CFR 134.46 requires that, in instances where 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 (See HQ
708994, dated April 24, 1978).
The subject figurines are currently marked "Designed and
Sculpted in the U.S.A., Made in Thailand" or "Designed and
Sculpted in the U.S.A. Made in China," depending upon the
origin of the particular article. Your letter contains the
following proposed markings:
1) "Originally Designed and Sculpted in the USA"
"MADE IN THAILAND"
2) "Original Design Created and Sculpted in the USA"
"MADE IN THAILAND"
3) "Designed and Originally Sculpted in the USA"
"MADE IN THAILAND"
4) "Originally Created and Sculpted in the USA"
"MADE IN THAILAND"
5) "MADE IN THAILAND"
"Based on an original design created and sculpted in
the USA"
We note that Customs has previously allowed the phrase
"designed in" to be used in conjunction with country of
origin information. In Headquarters Ruling Letter (HRL)
726695 (dated October 19, 1984), Customs ruled that the
words "Designed in West Germany" could appear on packages of
imported ornaments so long as the requirements of 19 CFR
134.46 and the requirements of 19 U.S.C. 1304 were
satisfied. Likewise, in HRL 734144 (dated July 5, 1991)
Customs held that a label marked "Designed in U.S.A." with
the words "Made in (Country of Origin)" in close proximity
and in the same size and color as the words "Designed in
U.S.A." satisfies the marking requirements of 19 U.S.C. 1304
and 19 CFR 134.46 so long as the words "Made in (Country of
Origin)" are legible, conspicuous and permanent.
However, each of the markings you propose also contains
the phrase "Sculpted in" in addition to "Designed in" and
the proper country of origin information. With regard to a
carved, free-standing piece of art such as the figurines
under consideration, the term "Sculpted in" is synonymous in
meaning with "Made in." The use of both terms sets forth two
conflicting origin statements, creating the probability of
confusion on the part of the ultimate purchaser. Therefore,
"Designed and Sculpted in the U.S.A., Made in Thailand" and
"Designed and Sculpted in the U.S.A., Made in China," or any
similar variation, which appears either on the figurines or
on any appurtenance thereto, is unacceptable. However, in
the alternative, markings such as "MADE IN (country of
origin) based on a U.S. design," "MADE IN (country of
origin) based on an original design created in the U.S.
using a U.S. mold," would be acceptable to Customs. While
Customs would also accept "MADE IN (Country of origin),
Designed and Sculpted with Thomas Blackwell's High Quality
Standards," the other alternative markings set forth above
contain a clearer statement of origin for the ultimate
purchaser.
HOLDING:
Imported figurines made from a mold which was designed
and fabricated in the U.S. may not be marked "Designed and
Sculpted in the U.S.A,." in addition to the country of
origin, upon the importation of the finished figurines into
the U.S.
A copy of this ruling letter should be attached to the
entry documents filed at the time the goods are 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
Tariff Classification
and Appeals Division