MAR-2:OT:RR:NC:4: 434
Douglas Behrens
Farwest Graphics
94-1221 Ka Uka Blvd, Unit 108-330 Waipahu, HI 96797
RE: The country of origin marking of a coffee table book
Dear Mr. Behrens:
This is in response to your letter dated February 26, 2025 requesting a ruling, on behalf of your client, Wade McKoy, on whether the proposed marking is an acceptable country of origin marking for an imported coffee table book. A marked sample was not submitted with your letter for review; instead, detailed information and photos of the relevant pages were submitted.
The product under consideration is a hardcover coffee table book, “The Arc of Skiing Jackson Hole, 45 Years Behind the Lens” by Wade McKoy, containing 384 pages of photographs. The country of origin marking, “Printed in China” will appear near the bottom of page three in 8pt Swiss 721 Cn BT Regular font. The copyright information and photographer/publisher’s U.S. address appear in the same location and in the same size font. Page three directly faces page 2, the title page, and is essentially acting as a continuation of the title page.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 (or its 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.
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.
Previously, CBP has accepted country of origin marking on the title page of a book. It is understood that a prospective purchaser will likely see such marking. As stated in CBP Headquarters ruling HQ 731663, dated 7/18/89, “It is customary for a book to contain publishing, printing and copyright information on the title page and on the back of the title page. Therefore, the ultimate purchaser could reasonably expect to look for such information on the title page or the back of the title page. Therefore, placing the country of origin marking on the title page would satisfy 19 CFR 134.41 if the print size is large enough to read and otherwise able to be seen without strain by the ultimate purchaser.”
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
In addition, section 134.46, CBP 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, appears 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.” In this case, the marking “Printed in China” is in close proximity to and in the same font size as the publisher/photographer’s U.S. locale, satisfying the requirement.
The proposed marking of the imported book as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection Regulations (19 CFR 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.
f you have any questions regarding the ruling, please contact National Import Specialist Charlene S. Miller at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division