MAR 2-05 CO:R:C:V  731760 PH
Mr. Steve Sailofsky
          Chateau D'Argent
          3441 Ashby-St. Laurent
          Quebec, Canada 44R 2K3
          RE: Country of origin marking requirements for sterling silver
              stamped earrings
          Dear Mr. Sailofsky:
              This is in response to your letter of August 15, 1988,
          concerning the country of origin marking requirements for
          sterling silver stamped earrings made in Canada.
          FACTS:
                The submitted sample consists of four earrings, each
          approximately 1/4" to 1/2" in diameter and two of which are
          of cut-out design. You have inquired whether stamping the
          earrings with the abbreviation "CAN" or "CDN" would satisfy
          country of origin marking requirements. You claim that the
          earrings are too small to allow for more than a three digit mark.
          In addition, you claim that carding the earrings, to enable "made
          in Canada" to be legible, would be economically prohibitive and
          that using hang tags would be impractical.
          ISSUE:
                Does stamping individual earrings with "CAN" or "CDN"
          satisfy the requirements of 19 U.S.C. 1304?
          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
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          English name of the country of origin of the article.  Part 134,
          Customs Regulations (19 CFR Part 134), sets forth regulations
          implementing the country of origin marking requirements and
          exceptions of 19 U.S.C. 1304.  Section 134.41, Customs
          Regulations (19 CFR 134.41), provides that the marking of an
          imported product must be conspicuous enough so that the ultimate
          purchaser will be able to find the marking easily and read it
          without strain.  Notice of acceptable markings other than the
          English name of the country of origin shall be published in the
          "Federal Register" and the "Customs Bulletin."  Section
          134.45(b), Customs Regulations (19 CFR 134.45(b), states that
          abbreviations which unmistakably indicate the name of a country
          are acceptable.
              Customs has ruled that neither "CDA" (724336 dated
          January 16, 1984) nor "CAN" (722566 dated September 14, 1983) are
          acceptable abbreviations for Canada for country of origin marking
          purposes under 19 U.S.C. 1304.  Neither abbreviation unmistakably
          indicates Canada as the country of origin to the ultimate
          purchaser.  Likewise, it is our position that "CDN" is not an
          acceptable marking under 19 U.S.C. 1304.  Accordingly, the mere
          stamp of "CAN" or "CDN" on the individual earrings is not suf-
          ficient.  Furthermore, we note that due to the size of the
          earrings, any marking on the individual pieces would not be found
          easily or read without strain by the ultimate purchaser.
                With regard to the alternative methods of country of origin
          marking addressed in your letter, it is the opinion of this
          office that you have not provided sufficient explanation as to
          why these methods are unsuitable.  Although you assert that
          carding the earrings is economically prohibitive, you have not
          provided any cost estimates to support this.  You further state
          that hang tagging each pair of earrings is not sufficient because
          the tags fall off.  However, you have not demonstrated how the
          tags would fall off, especially in light of the fact that each
          could be secured in place with the earring back.  We note that
          each of these methods is commonly used in the United States and
          would be acceptable under Customs marking requirements.  In
          addition, we note an alternative acceptable method of placing
          each pair of earrings in a plastic bag and using a hang tag.
          HOLDING:
                Based on the above considerations and after examination
          of the samples submitted, we find that the abbreviations "CAN"
          and "CDN" are not acceptable because they do not unmistakably
          designate the country of origin to the ultimate purchaser.  As
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          the proposed stamped abbreviations do not comply with 19 CFR
          134.45(b) we suggest that you mark the earrings by one of the
          alternative acceptable methods that would allow for use of the
          whole word "Canada."
                                     Sincerely,
Marvin M. Amernick
                                     Chief, Value, Special Programs
                                     & Admissibility Branch