MAR 2-05 CO:R:C:V 732299 LR
Betty J. Popa
General Manager
Mei Alaska
P.O. Box 201233
RE: Country of Origin marking of Imported Beaded Necklaces
Dear Ms. Popa:
This is in response to your letter dated February 6, 1989,
regarding the acceptability of the country of origin marking
label on imported beaded necklaces.
FACTS:
Two sample necklaces were submitted for our review. Both
necklaces are marked by means of a paper adhesive label,
approximately 1/2 inch in width, wrapped around two of the beads
near the clasp. The ends of the label are securely affixed to
one another by means of adhesive. On both labels the words "MEI
ALASKA" appear on one side in 1/16 inch letters and the name of
the country of origin (either HONG KONG or TAIWAN) appears in
smaller letters on the reverse side of the label. We assume that
"MEI ALASKA" is your company's trade name.
ISSUE:
Whether the country of origin marking satisfies the
requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
LAW AND ANALYSIS:
Section 304(a) of the Tariff Act of 1930, as amended (19
U.S.C. 1304), generally requires that 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 will permit in such a manner as to
indicate to the ultimate purchaser the English name of the
country of origin of the article. The country of origin marking
requirements and exceptions of 19 U.S.C. 1304 are set forth in
Part 134, Customs Regulations (19 CFR Part 134).
- 2 -
{134.41(b), Customs Regulations (19 CFR 134.41(b)), which
refers to the degree of visibility of a marking, requires that
the ultimate purchaser must be able to find the marking easily
and read it within strain. {134.44(b), Customs Regulations (19
CFR 134.44(b)), which refers to the degree of permanency,
provides that if paper sticker or pressure sensitive labels are
used, 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.
{134.47, Customs Regulations (19 CFR 134.47), requires that
when as part of a trademark or trade name or as part of a
souvenir marking, the name of a location in the United States or
"United States" or "America" appear, the article shall be
legibly, conspicuously and permanently marked to indicate the
name of the country of origin of the article preceded by "Made
in," "Product of," or other similar word, in close proximity to
such words or in some other conspicuous location. In view of the
presence of your company name "MEI ALASKA" on the label, the
requirements of {134.47 are applicable.
HOLDING:
With regard to the paper labels themselves, we find that
they are affixed to a conspicuous place on the necklace and that
they are sufficiently permanent to satisfy the requirements of 19
CFR 134.44. The label is easy to find and is securely affixed
and would, in our opinion, come off only if it were deliberately
removed. However, the country of origin marking on the labels is
deficient in two respects. First, the country of origin is not
preceded by the words "Made in", "Product of" or other similar
words as required by {134.47. Second, in view of the very small
print, the marking does not satisfy the requirement of {134.41(b)
that the ultimate purchaser must be able to read the marking
without strain. Based on the size of the label and the article,
the lettering should be at least the same size as "MEI ALASKA".
Based on these considerations, the submitted samples are
not marked as required by 19 U.S.C. 1304 and 19 CFR Part 134.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch
cc: Priority Control 732299
cc: CO:R:C:V:LRODBART:LDC:4/20/89