MAR-2-05 CO:R:C:V 731380 lw

Ms. Christine Berghofer
Customs Manager
Associated Merchandising Corporation
50 Terminal Road
Secaucus, New Jersey 07094

RE: Country of origin marking requirements for leather wallets

Dear Ms. Berghofer:

This is in response to your letter of April 18, 1988, concerning country of origin marking requirements for leather wallets.

FACTS:

You submitted sketches of three different wallet types, identified as a "wallet", a "hipfold" wallet, and a "trifold" wallet. According to the sketches for each type of wallet, you propose to mark the country of origin underneath the set of plastic windows used for holding photos or credit cards. The marking will be in blind type in a significantly smaller size print than either the trademark, "Cambridge Classics," or the description "Genuine Leather." To discover the country of origin the ultimate purchaser would need to move the set of plastic windows. In addition, the trademark, which appears in several places on each wallet type refers to "Cambridge," a locality within the U.S.

ISSUE:

Can leather wallets marked in several places with a trademark which refers to a U.S. locality be marked for country of origin purposes by placing the country of origin behind the set of plastic windows used for holding photos or credit cards?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930 as amended (19 U.S.C.1304), 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 its container) will permit in such a manner as to indicate to the ultimate purchaser the English name

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of the country of origin of the article. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), which refers to the degree of permanence and visibility of a marking, requires that the ultimate purchaser must be able to find the marking easily and read it without strain.

The Customs Service has recognized that the presence of a geographic location other than the country in which the article was produced on an imported article or its container may mislead the ultimate purchaser as to the true country of origin. Thus, in cases where the name of a location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appears on an imported article or its container, section 134.46, Customs Regulations (19 CFR 134.46), provides that there shall appear, legibly and permanently, in close proximity to such words, the name of the country of origin preceded by "Made in," "product of," or other words of similar meaning.

Section 134.47, Customs Regulations (19 CFR 134.47), requires that when as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the United States or "United States" or "America" appear, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by "Made in," "Product of," or other similar word, in close proximity or in some other conspicuous location.

The purpose of these regulations is to alleviate the possible confusion that may be created by such words.

The Customs Service has held that when reference to a locality or country other than the country of origin is made, the potential to mislead the ultimate purchaser should be taken into account in determining whether the country of origin is sufficiently conspicuous to counteract the misleading impression.

HOLDING:

In view of the many references to "Cambridge" as part of the trademark on all of the wallets, we are of the opinion that marking the country of origin underneath the plastic windows of the wallet in very small print does not meet with the

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requirements of 19 CFR 134.47 that the article be conspicuously marked. To comply with 19 CFR 134.47 the country of origin must be marked in a conspicuous location so that it is readily visible to the ultimate purchaser at the time of the sale.

Sincerely,

John Durant, Director
Commercial Rulings Division

1cc: CO:R:C:V:LWEDDELL:LDC:6/10/88

Ms. Christine Berghofer
Customs Manager
Associated Merchandising Corporation
50 Terminal Road
Secaucus, New Jersey 07094