MAR-2-05 CO:R:C:V 734036
Mr. Dwight Roscoe
Director, Materials and Distribution
Clearly Canadian Beverage Corporation
1700-355 Burrard Street
Vancouver, British Columbia, Canada V6C 2G8
RE: Country of origin marking of glass bottles containing
flavored sparking mineral water, Beverages, 19 CFR 134.46
Dear Mr. Roscoe:
This is in response to your letter of January 31, 1991
requesting a ruling on the country of origin marking requirements
for imported glass bottles of flavored sparking mineral water. A
sample bottle of the mineral water and a bottle cap was
submitted for our review.
FACTS:
Clearly Canadian Beverage Corporation, imports flavored
sparking mineral water. The mineral water is sold in clear glass
bottles. The mineral water is a product of Canada, but is
bottled in the U.S under the authority of Clearly Canadian
Beverage Corporation. The sample bottle contains 11 fluid ounces
and has a fired-on label application. The words "Clearly
Canadian" are printed on the bottle in white letters. Below the
words "CLEARLY CANADIAN," the statement "Made with Canadian
Mineral Water" is printed. On the reverse side of the bottle,
there is a statement which reads, "BOTTLED UNDER THE AUTHORITY OF
CLEARLY CANADIAN BEVERAGE CORP. 2 CENTURY PLAZA, LOS ANGELES CA
90067." The bottle contains a list of abbreviations for states
where there is a return deposit law. "PRODUCT OF CANADA" is
printed in two locations in white letters on a blue background
on the sides of the bottle cap. Your letter indicates that the
Food and Drug Administration requires that the U.S. address of
the bottler be printed on the bottle.
ISSUE:
Do the words "Product of Canada" printed on the bottle cap
satisfy the requirement of 19 CFR 134.46?
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.
Congressional intent in enacting 19 U.S.C. 1304 was 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." United States
v. Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940).
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR
134.41(b)), mandates that the ultimate purchaser in the U.S. must
be able to find the marking easily and read it without strain.
Section 134.46, Customs Regulations (19 CFR 134.46), requires
that when the name of any city or locality in the U.S., other
than the name of the country or locality in which the article was
manufactured or produced, appears 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 a
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 imported goods.
Although there is information on the sample bottle regarding
refund deposits which contains the abbreviations of several
state names, we find that these state abbreviations do not
triggered the requirements of 19 CFR 134.46. The ultimate
purchasers of the mineral water should understand that the state
abbreviations are only on the bottle for the purpose of
indicating in which states a refund deposit law is applicable and
does not imply any information concerning the origin of mineral
water. Since the purpose of 19 CFR 134.46 is prevent the
ultimate purchaser from being confused as to what is the country
of origin of a product, we conclude that the refund deposit
information on the sample bottle does not invoke the
requirements 19 CFR 134.46.
However, the U.S. address on the bottles, "2 Century Plaza,
Los Angeles, CA 90067," does trigger the requirements of 19 CFR
134.46. Upon a close inspection of the sample 11 ounce bottle of
mineral water, we find that the requirements of 19 CFR 134.46 are
satisfied. In as much as the country of origin is preceded by
the words "Product of" and are in comparable size letters as the
U.S. the address the only real question is whether the marking on
the cap satisfies the close proximity requirement. We have ruled
that the marking must generally appear on the same side or
surface to be considered in close proximity. See HQ 733864
November 5, 1990. In this case, because the bottle is
cylindrical it is difficult to say whether the marking on the cap
is on the same side as the bottle. The words "Product of Canada"
on the cap can be seen in the same viewing as the U.S. without
turning the bottle. We also note that the ultimate purchasers of
the mineral water are unlikely to be confused and will recognize
the country of origin of the product is Canada because the words
"CLEARLY CANADIAN" and other references to Canada are also
prominently printed on the bottle. For these reasons, we
conclude that the requirements of 19 CFR 134.46 are satisfied.
This ruling applies to the 11 ounce sample bottle submitted and
without a sample we cannot rule on whether the country of origin
marking on a bottle of a different size would be acceptable.
HOLDING:
The words "PRODUCT OF CANADA" printed on the side of the
bottle cap of the "Clearly Canadian" sample 11 ounce bottle of
mineral water is in close proximity to the U.S. address. The
other requirements of 19 CFR 134.46 are also satisfied and
country of origin marking on the bottle mineral water is
acceptable.
Sincerely,
John Durant, Director
Commercial Rulings Division