MAR-2-05 CO:R:C:V 732734 KG
Claude Brosseau
A.N. Deringer, Inc.
30 West Service Road
Champlain, New York 12919-9703
RE: Country of origin marking of imported printed material
Dear Mr. Brosseau:
This is in response to your letter of April 12, 1989,
requesting a country of origin ruling regarding imported printed
material. We regret the delay in responding to your inquiry.
FACTS:
You use the phrase "Litho Canada" in Canada to identify the
country of origin of printed materials. A sample containing the
phrase "Litho Canada" was enclosed.
ISSUE:
Whether the phrase "Litho Canada" on printed materials
satisfies section 304 of the Tariff Act of 1930, as amended.
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 English name
of the country of origin of the article. The Court of
International Trade stated in Koru North America v. United
States, 701 F.Supp. 229, 12 CIT (CIT 1988), that: "In
ascertaining what constitutes the country of origin under the
marking statue, a court must look at the sense in which the term
is used in the statute, giving reference to the purpose of the
particular legislation involved. The purpose of the marking
statute is outlined in United States v. Friedlaender & Co., 27
CCPA 297, 302 C.A.D. 104 (1940), where the court stated that:
"Congress intended that the ultimate purchaser should be able to
know by an inspection of the marking on the imported goods the
country of which the goods is the product. The evident purpose
is to mark the goods so that at the time of purchase the ultimate
purchaser may, by knowing where the goods were produced, be able
to buy or refuse to buy them, if such marking should influence
his will."
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Country of origin is defined in 19 CFR 134.1(b) as
the country of manufacture, production, or growth of any article
of foreign origin entering the U.S. The question presented in
this case is whether the phrase "Litho Canada" indicates that
the article was made in the named country, as required by 19
U.S.C. 1304.
The word "litho" is defined in the Random House College
Dictionary as "to produce or copy by lithography." Lithography
is the art or process of producing a figure or image on a flat,
specially prepared stone or plate in such a way that it will
absorb and print with special inks. The term "lithography" is
not a commonly understood phrase and an ultimate purchaser could
misunderstand that the phrase "Litho Canada" refers to where
printed material was made. In HQ 712210 (March 20, 1980),
Customs ruled that the marking "Handcrafted in Mexico" was
acceptable for the purposes of 19 U.S.C. 1304. However, the term
"Handcrafted," which relates to where a product was made and the
specific technique used to make the product, is a commonly
understood term that an ordinary ultimate purchaser who does not
have specialized knowledge would comprehend. Therefore, HQ
712210 is distinguishable. The phrase "Litho Canada" is not
acceptable for country of origin marking purposes.
Customs would accept the word "Canada" standing alone as a
country of origin marking if the requirements of 19 CFR Part 134
such as permanence, legibility and comparable size were met.
Further, we note that the size of the print used in the
sample submitted is about 1/16". Section 134.41, Customs
Regulations (19 CFR 134.41), requires that the ultimate purchaser
in the U.S. must be able to find the marking easily and read it
without strain. A larger size print would facilitate reading the
country of origin without strain.
HOLDING:
The phrase "Litho Canada" to designate the country of origin
for imported printed material is not acceptable for country of
origin marking purposes.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch