MAR-2-05 CO:R:V:C 734481 AT
Mr. David Langhammer
President
Quality Gold of Cincinnati
P.O. Box 62290
Cincinnati, Ohio 45262
RE: Country of origin marking requirements for imported gold
jewelry; conspicuous; hang tags; 19 CFR 134.41; 19 CFR
134.44; C.S.D. 79-379 (April 9, 1979); HQ 709757
Dear Mr. Langhammer:
This is in response to your letter of January 23, 1992,
requesting a country of origin ruling regarding imported gold
chain jewelry. Six samples of 14kt gold chain were submitted
with your letter. We regret the delay in responding.
FACTS:
You state that your company imports 14kt gold chains into
the U.S. from either Italy or Malta. All of the sample gold
chains are marked (engraved) with the country of origin in tiny
letters on the endcaps of the chain near the clasp. Other
markings such as "14kt" and "Silmar" (trademark) also appear on
the chains near the country of origin marking. You also state
that U.S. Customs Ports in Cincinnati and Cleveland have advised
your company that the country of origin marking on these sample
chains are not acceptable because the lettering is too small and
additional hang tags must be attached to each chain to indicate
the country of origin. However, you claim that other Customs
ports, such as, Los Angeles and New York have not required hang
tags to be attached but have allowed this method of marking as
being acceptable country of origin marking. Based on these
claims, you assert that the gold chains are properly marked with
the country of origin and additional hang tags are not required.
ISSUE:
Does the country of origin marking on the sample gold
chains, as described above, satisfy the marking requirements set
forth in Section 304 of the Tariff Act of 1930, as amended?
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).
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Section 134.1(d), Customs Regulations (19 CFR
134.1(d)), defines the ultimate purchaser as generally the last
person in the U.S. who will receive the article in the form in
which it was imported. In this case the ultimate purchaser of
the gold chain is the purchaser at retail. Section 134.41,
Customs Regulations (19 CFR 134.41), requires that the ultimate
purchaser must be able to find the country of origin marking
easily and read it without strain.
In C.S.D. 79-47 (August 7, 1978), Customs ruled that marking
the country of origin by means of tiny letters stamped on a flat
spacer ring attached between the clasp and the chain was not
conspicuous enough to indicate the country of origin of the
imported chain because the marking could not be easily found by
an ultimate purchaser looking at the jewelry. In C.S.D. 79-379
(April 9, 1979), Customs ruled that the country of origin marking
of small chain jewelry by means of tiny lettering engraved on
flat chain links or on the flat spacer ring between the clasp and
the chain were not acceptable methods of marking because the
marking was not legible or conspicuous, and could not be read
without strain by an ultimate purchaser.
Similarly, in this case, we find that the marking on the
sample gold chains is not an acceptable country of origin
marking. The marking on the chain is not easy to find upon a
casual examination and can only be noticed by a careful
inspection of the chain. Also, the lettering is so small that it
is neither easy to read nor conspicuous to an ultimate purchaser
looking at the jewelry. Accordingly, the gold chains must be
marked with the country of origin by some other method. Marking
each gold chain by attaching a hang tag is an acceptable method
of marking the country of origin, provided that the tags are
affixed in a conspicuous place and so securely that, unless
deliberately removed, they will remain on the article until it
reaches the ultimate purchaser. See, 19 CFR 134.44.
In response to informal inquiries at various ports, it has
not been determined that the marking requirements for the subject
articles, gold chains, are being inconsistently enforced by
Customs ports. However, our response contained in this ruling
will be disseminated to Customs ports of entry to help assure
uniformity.
HOLDING:
The sample 14kt gold chains marked with the country of
origin by means of engraving tiny letters on the endcaps of the
chain near the clasp are not conspicuously marked and do not
satisfy the country of origin marking requirements of 19 U.S.C.
1304 and 19 CFR Part 134. Therefore, in order to satisfy the
country of origin marking requirements other methods of marking
must be used. Marking the gold chains by affixing hang tags is
an acceptable method of marking the country origin provided that
the tags are affixed in a conspicuous place and so securely that,
unless deliberately removed, they will remain on the articles
until they reach the ultimate purchaser (19 CFR 134.44).
Sincerely,
John Durant, Director
Commercial Rulings Division