MAR-2-05 CO:R:C:V 734748 KR
Lynn M. Gomez
Midwest Customs Services of Wisconsin, Inc.
P.O. Box 905
631 North Central Ave.
Wood Dale, IL 60191-0905
RE: Country of origin marking of a glass chimney; 19 CFR
134.46.
Dear Ms. Gomez:
This is in response to your letter dated July 23, 1992,
requesting a ruling concerning the proper country of origin
marking of a glass chimney which is made in Portugal and is
imported by Boda Nova. A sample of a glass chimney was submitted
for examination.
FACTS:
The glass chimney is made in Portugal and has two adhesive
labels attached to the glass, one directly above the other on the
top and bottom rims. The top adhesive label is a clear label
with black lettering and reads:
Boda Shop
Sweden
The bottom adhesive label is a white label with black lettering
in larger print type than the above label and reads:
made in
PORTUGAL
ISSUE:
Whether the proposed marking on the glass chimney described
above satisfies the requirements of 19 U.S.C. 1304 and 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.
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. 19 CFR 134.46, requires that when the name of any
city or locality in the U.S., or the name of any foreign country
or locality other than the name of the country or locality in
which the article was manufactured or produced, appear on a
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. Customs has ruled that in order to satisfy the
close proximity requirement, the country of origin marking must
appear on the same side(s) or surface(s) in which the name of the
locality other than the country of origin appears. HQ 708994
(April 24, 1978). The purpose of 19 CFR 134.46 is to prevent
the possibility of misleading or deceiving the ultimate purchaser
as to the origin of the imported article.
In this case, the adhesive labels are in close proximity and
the label with the country of origin marking has the words "made
in" preceding Portugal. The name "PORTUGAL" appears in larger
type face than the name Sweden. Therefore, the glass chimney is
acceptably marked pursuant to 19 CFR 134.46.
HOLDING:
The country of origin marking appearing on the glass chimney
is sufficient to meet the requirements of 19 U.S.C. 1304, and 19
CFR 134.46.
Sincerely,
John Durant, Director