MAR 2-05 CO:R:C:V 731394 LR
K. Chapman
Keenercal Inc.
152 Howland Avenue
Toronto, Ontario M5R 3B5
RE: Country of Origin Marking Requirements Applicable to
a Printed Paperboard Wall Planner
Dear Ms. Chapman:
This is in response to your letter dated March 25, 1988,
addressed to the Regional Commissioner of Customs, New York,
requesting a decision concerning whether your proposed method of
marking the country of origin on a wall planner made in Canada is
acceptable. Your letter, along with the submitted sample, was
forwarded to our office for reply.
FACTS:
The submitted sample is a printed paperboard wall planner
which measures approximately 2' x 3', with the words "University
of Vermont" appearing in large print across the top. The word
"Vermont" appears in small print on the top right of the planner
across the shirt of "Charlie Catamount", the University of
Vermont mascot. The phrases, "Lithographed in Canada" and
"Product of North America", are to appear at the bottom of the
wall planner (the former on the bottom right; the latter on the
bottom center). We assume that the wall planner is made entirely
in Canada since the letter does not indicate otherwise.
ISSUES:
1. Do the two references to "Vermont" trigger the requirements
of section 134.46, Customs Regulations?
2. Do the two phrases "Lithographed in Canada" and "Product of
North America" adequately "indicate" the country of origin?
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LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19
U.S.C. 1304), requires, subject to certain specified exceptions
not applicable here, that every article of foreign origin (or its
container) imported into the United States shall be marked in a
conspicuous place as legibly, indelibly, and permanently as the
nature of the article (or container) will permit, in such manner
as to indicate to an ultimate purchaser in the U.S. the English
name of the country of origin (emphasis added).
Section 134.46, Customs Regulations (19 CFR 134.46), sets
forth special requirements that are applicable when the name of a
country or locality other than the country of origin appears on
the imported article. Specifically, 19 CFR 134.46 requires that
the name of the country of origin preceded by "Made in," "Product
of," or other words of similar meaning shall appear, legibly and
permanently, and in close proximity to such words and in at least
a comparable size.
ISSUE NO. 1
Although the requirements of 19 CFR 134.46 would generally
apply whenever the word "Vermont" (or the name of some other
place other than the country of origin) appeared on a Canadian-
made article, Customs has ruled that these requirements do not
apply when the place name appears in the text or content of
printed material. Customs is of the opinion that in these
circumstances, a reference to a place other than the country of
origin would not confuse the ultimate purchaser as to the true
country of origin. (See HQ 729817, dated November 13, 1986).
In this case, the article is question is a wall planner
that is designed to be used by individuals who either attend, or
would like a souvenir of the University of Vermont. The two
references to "Vermont" are an integral part of the printed wall
planner, appearing in the context of the printed material itself
and are not an indication of origin. Accordingly, the
requirements of 19 CFR 134.46 are not applicable.
ISSUE NO. 2
As indicated above, every article of foreign origin that is
subject to the requirements of 19 U.S.C. 1304 must be marked in a
manner as to indicate to an ultimate purchaser in the U.S. the
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English name of the country of origin. In American Burtonizing
Co. v. United States, 13 CCA 652, T.D. 4 489 (1926), the U.S.
Court of Customs Appeals interpreted the word "indicate" in the
context of section 304(a) of the Tariff Act of 1922, the
predecessor of section 19 U.S.C. 1304. The court stated that:
It is not reasonable to suppose that Congress, by the use
of the word "indicate," meant only that the words used
should hint at the country of origin. The object sought to
be obtained by the legislature could best be obtained by an
indication which was clear, plain, and unambiguous and
which did more than merely hint at the country of origin.
We do not think that Congress intended that American
purchasers, consumers, or users of foreign-made goods
should be required to speculate, investigate, or interpret
in order that they might ascertain the country of origin.
In HQ 730647, dated August 21, 1987, affirmed in HQ 730695,
dated September 16, 1987, the phrase, "MADE IN TAIWAN NATIONAL
HEADQUARTERS IN U.S.A.", was found to be unacceptable marking
because it is subject to various interpretations, including one
that implies that the goods were made in the U.S.
While Customs has, for purposes of 19 U.S.C. 1304, allowed
the phrase "Lithographed in (country of origin)" on certain
printed material (HQ 730659, dated August 26, 1987), the phrase
would be unacceptable if it is accompanied by some other origin
indicator which may be confusing to the ultimate purchaser. In
this case, we are of the opinion that the phrase "Product of
North America" may confuse the ultimate purchaser as to the
origin of the printed material. North America includes, inter
alia, the United States, and this fact may lead an ultimate
purchaser to conclude that, while the planner is lithographed in
Canada, it is, by virtue of some other manufacturing processes, a
product of the U.S. As such, we find that the proposed marking
is not clear, plain and unambiguous and that it does not properly
"indicate" the country of origin as required by 19 U.S.C. 1304.
Any of the following markings would properly indicate the
country of origin: "Lithographed in Canada" (provided the
language "Product of North America" is omitted); "Product of
Canada" or "Product of North America (Canada)."
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HOLDING:
The proposed marking "Lithographed in Canada" on a printed
paperboard wall planner of Canadian origin is unacceptable
country of origin marking when the phrase "Product of North
America" also appears on the product.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch
cc: Ass't Area Director, NIS
CLA-2-49:S:N1-234
829264