MAR-2-05 CO:R:C:V 734164 RSD
Area Director of Customs
New York Seaport
6 World Trade Center
New York, New York 10048-0945
RE: The country origin of marking of books, title page, close
proximity; 19 CFR 134.41, 19 CFR 134.46, HQ 731663 clarified
Dear Sir:
This is in response to your memorandum dated May 1, 1991,
requesting internal advice on the country of origin marking
requirements for books.
FACTS:
Your memorandum indicates that there is a lack of uniformity
in the enforcement of the country of origin marking requirements
for books among the various ports. In particular, you request
clarification on the marking requirements when a U.S. address
appears on a book in a place that is not in close proximity to the
country of origin marking. For example, a book printed in a
foreign country will often have a U.S. address on the back cover,
but the country of origin marking will only appear on the title
page.
You point out that in HQ 731663, Customs stated that:
Because retail purchasers could reasonably expect to find
all the pertinent publication, printing and copyright
information related to a book on either the front or back
of the title page and could therefore, look at the title
page if they were confused by information appearing
elsewhere, an importer satisfies 19 CFR 134.46 if the
country of origin is placed on the front or back of the
title page and otherwise complies with the requirements
of 19 CFR 134.46
In the holding of HQ 731663 Customs states "if there is a
foreign reference to a country other than the country of origin on
the title page of a book, 19 CFR 134.46 is satisfied if the country
of origin appears on the front or back of the title page." You
interpret this ruling to mean that when a reference to a place name
other than the country of origin appears anywhere on the book, the
close proximity requirement of 19 CFR 134.46 is satisfied if the
country of origin marking is on the title page. However, this view
is not uniformly held by Customs officers in the field. Like any
other article, many Customs officials believe that in order to
satisfy the close proximity requirement of 19 CFR 134.46, the
country of origin must appear near the U.S. address or the place
reference in question.
ISSUE:
Does placing the country of origin marking on the title page
of books automatically satisfy the close proximity requirements of
19 CFR 134.46?
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.
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, Customs Regulations
(19 CFR 134.41), the country of origin marking is considered to be
conspicuous if the ultimate purchaser in the U.S. is able to find
the marking easily and read it without strain.
In addition, section 134.46, Customs Regulations (19 CFR
134.46), requires that when 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, appear 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 generally appear on
the same side(s) or surface(s) in which the name of the locality
other than the country of origin appears (HQ 708994, dated April
24, 1978). The purpose of 19 CFR 134.46 is to prevent the
possibility of misleading or deceiving the ultimate purchaser as to
the origin of the imported article.
In accordance with our previous ruling on books cited above,
we reiterate that either the front or back of the title page of a
book is a conspicuous location to put the country of origin
marking, which would satisfy the requirements of 19 CFR 134.41.
Other locations may also satisfy the conspicuousness requirement so
long as the marking is easy to find. However, HQ 731663 did not
modify Customs' basic position on the close proximity requirement
of 19 CFR 134.46, i.e., that if the requirements of 19 CFR 134.46
are triggered by a reference to a place on an article or its
container, then the country of origin marking must also appear near
to the place reference. We can find no reason to treat books
differently than other articles.
As indicated above, in the holding of HQ 731663, it was stated
that "if there is a foreign reference to a country other than the
country of origin on the title page of a book, 19 CFR 134.46 is
satisfied if the country of origin appears on the front or back of
the title page (emphasis added)." The intent of this ruling was to
indicate that the close proximity requirement of 19 CFR 134.46
would be satisfied even if the country of origin marking was on
front of the title page when a U.S. address was on the back of the
title page or vice versa. This was based on the observation that
the purchaser who looked at the title page would likely view both
the front and back of the title page for all the pertinent
information. However, simply putting the country of origin marking
on the title page does not satisfy the close proximity requirement,
if a U.S. or other reference to a place other than the country of
origin appears in another location of the book. In other words, if
the place reference is on the back cover of a book, then to satisfy
the close proximity requirement of 19 CFR 134.46 the country of
origin marking must also be on the back cover.
We recognize that there has been a great deal of confusion
regarding the country of origin marking of books and that different
ports may have enforced the country of origin marking law
differently. We also realize that book makers and publishers may
have been under the impression that the country of origin marking
requirements would be satisfied as long as they put the country of
origin marking on the title page. Accordingly, in order to allow
the industry time to make any adjustments necessary to comply, we
will delay the effective date of this ruling until six (6) months
from date of publication of this ruling in the Customs Bulletin.
During the interim period, Customs will allow imported books to be
marked with the country of origin solely on either the front or
back of the title page. After the effective date of this ruling,
if an imported book contains a reference to a locality or country
which triggers the requirements of 19 CFR 134.46, the country of
origin marking must be on the same side or surface as the reference
that triggers 19 CFR 134.46 in a comparable size and preceded by
"Made in," "Product of," "Printed in," or other words of similar
meaning. However, if the place reference appears on the front or
back of the title page, the country of origin may appear either on
the front or back not necessarily on the same side. Of course, the
presence of a place name which appears as part of the text will not
trigger the requirements of 19 CFR 134.46.
HOLDING:
The conspicuous location requirement of 19 CFR 134.41 is
satisfied if the country of origin marking appears on the title
page or in some other conspicuous location. Except as noted below
if the requirements of 19 CFR 134.46 are triggered by the presence
of a place name other than the country of origin, the country of
origin marking must be on the same side or surface of the book as
the triggering language. Placing the country of origin marking on
the title page does not satisfy the close proximity requirement of
19 CFR 134.46, if the place reference appears elsewhere in the
book. However, if the language which triggers 19 CFR 134.46 is on
the title page, the country of origin marking will be in close
proximity if it appears on the front or back of the title page. HQ
731663 is clarified accordingly.
In order to give the book and publishing industry an
opportunity to make any adjustments necessary to comply with this
ruling, the effective date of this ruling will be delayed until six
(6) months from date of its publication in the Customs Bulletin.
Sincerely,
John Durant, Director
Commercial Rulings Division