MAR-2-05 CO:R:C:V 732204 jd
Mr. Jack F. Raineault
Legal Compliance Manager
Guinness Import Company
Six Landmark Square
Stamford, Connecticut 06901-2704
RE: Sufficiency of country of origin marking on labels affixed
to bottles of imported malt beverage
Dear Mr. Raineault:
This is in reply to your letter of March 7, 1989,
concerning the country of origin marking displayed on labels
affixed to bottles of a malt beverage imported by your company.
FACTS:
You submitted a sample of the front and back labels affixed
to bottles of "Guinness Extra Stout." The front label displays
the words "BREWED IN IRELAND BY" in small block letters printed
in black ink against a light beige background. The front label
also displays the word "DUBLIN" in reference to the presence in
that city of the Arthur Guinness and Sons Co., and the words "ST.
JAMES'S GATE DUBLIN."
The back label displays in pertinent part the words,
"IMPORTED BY THE GUINNESS IMPORT COMPANY STAMFORD, CT." The word
"IMPORTED" is in large print at the top of the label and all the
words appear in the same color scheme as on the front label.
Also on the back label, under the heading "The Guinness Story" is
a reference to the stout being first brewed in Ireland.
You indicate that you received a marking notice from
Customs in Miami on a shipment of 1470 cases of stout imported on
February 17, 1989, under entry no. 406-01227594. The Miami
office believed the print size of the country of origin
disclosure on the front label was too small and that country of
origin marking should be repeated on the back label in close
proximity to the U.S. address displayed there. You further
indicate that the first issue, i.e., size of print, has been
resolved, but the need to repeat country of origin on the back
label is still at issue.
To confirm what was discussed in a phone conversation you
had with a member of my staff, you must follow the procedures for
internal advice set forth in { 177.11(b)(2), Customs Regulations
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(19 CFR 177.11(b)(2)), or protest in { 174.11, Customs
Regulations (19 CFR 174.11), for any matter you may wish to
pursue regarding the marking notice received in Miami. We can,
however, in light of the frequent labeling changes your company
must make to comply with changing alcohol labeling and bottle
deposit laws, provide you with a prospective ruling to facilitate
your company's planning.
ISSUE:
Does the country of origin marking appearing on bottles of
imported stout as described above, trigger the requirements of
{ 134.46, Customs Regulations?
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19
U.S.C. 1304), requires that unless excepted, 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 an ultimate purchaser
in the U.S. the English name of the country of origin of the
article.
Section 134.46, Customs Regulations (19 CFR 134.46),
requires that in any case in which the words "U.S.", or
"American", the letters "U.S.A.", any variation of such words or
letters or the name of any city or locality in the U.S., or the
name of any foreign country or locality other than the country or
locality in which the article was manufactured or produced appear
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 comparable size, the name of the country
of origin preceded by "Made in", "Product of" or other words of
similar meaning. The purpose of this section is to prevent the
possibility of misleading or deceiving the ultimate purchaser as
to the actual origin of the article.
The key to proper application of { 134.46 is judging the
likelihood of confusion caused in the mind of an ultimate
purchaser by a subject word or phrase. For example, it was
determined that the U.S. address of a store on foreign printed
promotional material did not infer the store was the printer
(709304; July 27, 1978), and the address of a company on a
foreign printed calendar to be given away for advertising
purposes was determined not to be misleading marking (709655;
November 30, 1978). Contrast those situations with L.D. 85-0003
(724918; July 11, 1984) where the phrase "Handcrafted American
Oak Handle" printed on the blister pack of a kitchen utensil did
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invoke the requirements of { 134.46. There was sufficient
possibility of that phrase confusing an ultimate purchaser as to
the country of origin of the utensil since the phrase referenced
the origin of a component of the utensil.
It is the opinion of this office that the words, "Stamford,
Ct.", on the back label of the bottle in question will not
confuse an ultimate purchaser as to the origin of the beverage in
the bottle. The U.S. address is prominently preceded by the
words "IMPORTED BY" and is the address of an importing company.
Clearly this is a situation where the importer benefits from the
ultimate purchaser's ready recognition of this stout as an
imported product, and more precisely, as one imported from
Ireland. The declarative statement of origin on the front label,
coupled with the overall design of the labeling to tout the
"Irishness" of the stout, make it extremely unlikely an ultimate
purchaser would be confused or misled by the U.S. address on the
back label.
HOLDING:
Based on the above analysis, it is our opinion that the
country of origin marking on the bottle is in compliance with 19
U.S.C. 1304. The U.S. address on the back label is not likely to
confuse or mislead ultimate purchasers as to the country of
origin of the beverage in the bottle. Accordingly, the country
of origin of the beverage need not be repeated in close proximity
to the U.S. address.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibilty Branch