MAR-2-05 CO:R:C:V 731024 jd
Salvatore E. Caramagno, Esq.
Ross & Hardies
1090 Vermont Avenue, NW
Washington, D.C. 20005-4905
RE: Request for reconsideration of Customs ruling 729817
regarding the country of origin marking of newspaper
supplements
Dear Mr. Caramagno:
This is in reply to your letter of February 3, 1988,
requesting reconsideration of the portion of Customs ruling
729817 km, November 13, 1986, regarding the country of origin
marking of newspaper supplements. In particular, you object to
the prohibition in that ruling against the country of origin
marking being printed vertically as opposed to horizontally.
FACTS:
The articles involved in ruling 729817 that you are
concerned with are multi-page advertisements destined for
inclusion in newspapers. In pertinent point, the marking
"Printed in Canada" appeared vertically along the right side at
the bottom of the last page. The ruling held that to be
conspicuous the marking must be printed horizontally rather than
vertically.
ISSUE:
Does country of origin marking on newspaper supplements
that is printed vertically, i.e., oriented in a fashion that the
supplement must be rotated 90` from its normal reading position
in order for the marking to be oriented in normal reading
position, satisfy the requirement that country of origin marking
be conspicuous?
LAW AND ANALYSIS:
Section 304 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 United States 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 United States the English name of the country of origin of
the article.
-2-
Section 134.41(b), Customs Regulations (19 CFR 134.41(b)),
states in reference to country of origin markings, "The ultimate
purchaser must be able to find the marking easily and read it
without strain."
As stated in ruling 729817, we are of the opinion that
multi-page printed matter must be marked on the front or back
page in lettering large enough to be found easily and read
without strain. Furthermore, we believe that country of origin
marking of printed matter is at its most conspicuous if printed
in standard English language left to right, horizontal
orientation. However, since the test of marking sufficiency is
that it appear in a conspicuous manner, not necessarily the most
conspicuous manner, we believe that in some instances vertical
marking is conspicuous. Based upon our examination of the sample
newspaper supplements you submitted, we are convinced that the
country of origin marking can be found easily and read without
strain. The marking is separated from any other printed matter
so that it stands out in black ink on a field of white.
Accordingly, our decision in ruling 729817 is modified in
this single particular; the prohibition against country of origin
marking of newspaper supplements appearing in the vertical is
removed. Henceforth, country of origin marking of newspaper
supplements may appear in vertical printing so long as it is
sufficiently conspicuous to the ultimate purchaser.
HOLDING:
After consideration of the matter, the determination in
ruling 729817 that country of origin marking of newspaper
supplements must be printed horizontally is reversed. Such
printing can appear vertically provided it can be found easily
and read without strain.
Sincerely,
John Durant
Director
Commercial Rulings Division