MAR-05 RR:TC:SM 559886 KKV

TARIFF NO: 6810.99.00

Mr. Gregory Zitzer
Willitts Design
P.O. Box 75009
Petaluma, CA 94975

RE: Country of origin marking; figurines; misleading; designed; sculpted

Dear Mr. Zitzer:

This is in response to your letter dated May 29, 1996 (and additional submission received by our office on July 19, 1996), which requests reconsideration of New York ruling 817519, concerning the country of origin marking requirements for imported figurines which have been designed in the United States. We note, however, that your current inquiry focuses upon facts and proposed marking which differ slightly from your initial request. Therefore, your request will be treated as a separate request for a ruling under the purview of 19 CFR Part 177 and this ruling shall not be construed a reconsideration New York ruling 817519.

FACTS:

We are informed that Willitts Designs imports four figurine lines from China and Thailand which are manufactured from molds which were designed and made in the United States. Each of the imported figurines is marked "Designed and Sculpted in the U.S.A" and either "Made in Thailand" or "Made in China."

ISSUE:

Whether imported figurines made from a mold which was designed and fabricated in the U.S. may be marked "Designed and Sculpted in the U.S.A,." in addition to the country of origin, upon the importation of the finished figurines into the U.S.

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 its 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. Friedlander & Co., 27 C.C.P.A. 297 at 302; C.A.D. 104 (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 134.46, Customs Regulations (19 CFR 134.46), contains more restrictive marking requirements designed to alleviate the possibility of misleading an ultimate purchaser with regard to the country of origin of an imported article. Specifically, 19 CFR 134.46 requires that, in instances where 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, 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. 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 (See HQ 708994, dated April 24, 1978).

The subject figurines are currently marked "Designed and Sculpted in the U.S.A., Made in Thailand" or "Designed and Sculpted in the U.S.A. Made in China," depending upon the origin of the particular article. Your letter contains the following proposed markings:

1) "Originally Designed and Sculpted in the USA" "MADE IN THAILAND"

2) "Original Design Created and Sculpted in the USA" "MADE IN THAILAND"

3) "Designed and Originally Sculpted in the USA" "MADE IN THAILAND"

4) "Originally Created and Sculpted in the USA" "MADE IN THAILAND"

5) "MADE IN THAILAND" "Based on an original design created and sculpted in the USA"

We note that Customs has previously allowed the phrase "designed in" to be used in conjunction with country of origin information. In Headquarters Ruling Letter (HRL) 726695 (dated October 19, 1984), Customs ruled that the words "Designed in West Germany" could appear on packages of imported ornaments so long as the requirements of 19 CFR 134.46 and the requirements of 19 U.S.C. 1304 were satisfied. Likewise, in HRL 734144 (dated July 5, 1991) Customs held that a label marked "Designed in U.S.A." with the words "Made in (Country of Origin)" in close proximity and in the same size and color as the words "Designed in U.S.A." satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.46 so long as the words "Made in (Country of Origin)" are legible, conspicuous and permanent.

However, each of the markings you propose also contains the phrase "Sculpted in" in addition to "Designed in" and the proper country of origin information. With regard to a carved, free-standing piece of art such as the figurines under consideration, the term "Sculpted in" is synonymous in meaning with "Made in." The use of both terms sets forth two conflicting origin statements, creating the probability of confusion on the part of the ultimate purchaser. Therefore, "Designed and Sculpted in the U.S.A., Made in Thailand" and "Designed and Sculpted in the U.S.A., Made in China," or any similar variation, which appears either on the figurines or on any appurtenance thereto, is unacceptable. However, in the alternative, markings such as "MADE IN (country of origin) based on a U.S. design," "MADE IN (country of origin) based on an original design created in the U.S. using a U.S. mold," would be acceptable to Customs. While Customs would also accept "MADE IN (Country of origin), Designed and Sculpted with Thomas Blackwell's High Quality Standards," the other alternative markings set forth above contain a clearer statement of origin for the ultimate purchaser.

HOLDING:

Imported figurines made from a mold which was designed and fabricated in the U.S. may not be marked "Designed and Sculpted in the U.S.A,." in addition to the country of origin, upon the importation of the finished figurines into the U.S.

A copy of this ruling letter should be attached to the entry documents filed at the time the goods are entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John Durant, Director
Tariff Classification
and Appeals Division