MAR-2-05 CO:R:V:C 733146 RSD
Mr. Michel Malenfant
Vinyform LTEE
1975, Monterey
Laval, Quebec, Canada H7L 3T6
RE: Country of origin marking of vinyl specialty advertising
products; conspicuousness; 19 CFR 134.41(b)
Dear Mr. Malenfant:
This is in response to your letter of February 19, 1990,
requesting a binding ruling on the country of origin marking
regarding specialty advertising products made of vinyl plastic.
Samples were submitted for examination.
FACTS:
Your company manufactures specialty vinyl plastic
advertising items in Canada. The products are sold through
distributors who will sell them to businesses to advertise their
name, location and telephone number. The businesses will not
sell the products but give them away to their clients in
appreciation of their good business relations. They are a mini
note pad holder, a pencil holder, a menu and wine cover, a
design portfolio, and a letter size folder. All the samples
have the marking "MADE IN CANADA" worked into the plastic in the
same color as the background upon which they are imposed. The
mini note pad holder is marked with "MADE IN CANADA" on the spine
in raised letters which are about 1/16th of an inch high. The
pencil holder is marked with the country of origin on the very
bottom of the front of the holder in raised letters also about
1/16th of an inch high. The country of origin markings on the
design portfolio and the menu and wine cover are both of the
bottom front of the spines of these articles in lettering of
about 1/8th of an inch high. The country of origin marking on
the letter size folder is on the top right edge of the folder in
slightly raised lettering of about 1/8th of an inch high.
ISSUE:
Whether the marking is sufficiently conspicuous to satisfy
the country of origin marking requirements?
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. 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.
Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940). 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. As provided in section 134.41(b), Customs
Regulations (19 CFR 134.41(b)), the country of origin marking is
considered conspicuous if the ultimate purchaser in the U.S, is
able to find the marking easily and read it without strain.
That section further provides that the degree of permanence
should be at least sufficient to insure that in any reasonably
foreseeable circumstance the marking shall remain on the article
until it reaches the ultimate purchaser unless it is
deliberately removed.
Although the country of origin markings for the samples
submitted are not in the most conspicuous locations and they are
in the same color as the background upon which they are imposed,
neither 19 U.S.C. 1304 nor its implementing regulations found in
19 CFR part 134 require that the country of origin marking be
placed in the most conspicuous location of an article or in a
contrasting color. Upon examination of the samples and their
country of origin markings, we find that the markings can be
easily found and read without strain. Therefore, the country of
origin markings on the samples meet the requirements of 19 CFR
134.41(b) for conspicuousness and are acceptable under 19 U.S.C.
1304. However, this ruling is limited to country of origin
marking on the samples submitted. In order to determine if the
country of origin marking on other articles would be acceptable,
we would have to review a sample with its proposed country of
origin marking.
HOLDING:
The country of origin marking on the samples submitted is
satisfies the requirements of 19 CFR 134.41(b) and is acceptable
under 19 U.S.C. 1304.
Sincerely,
Marvin Amernick
Chief, Value, Special Programs
and Admissibility Branch