MAR-2-05 RR:CR:SM 561075 MLR
Paul Rosenthal, Esq.
Laurence Lasoff, Esq.
John Brew, Esq.
Collier, Shannon, Rill & Scott, PLLC
3050 K Street, N.W.
Washington, D.C. 20007
RE: Country of origin marking for coffeemaker; container
marking; 19 CFR 134.46
Dear Messrs.:
This is in reference to your letter of July 9, 1998,
requesting a ruling on behalf of Proctor-Silex, Inc.,
concerning the country of origin marking requirements
applicable to certain coffeemakers. A sample container was
submitted with your request.
FACTS:
It is stated that Proctor-Silex imports and sells
certain under-the-cabinet coffeemakers in the U.S. that are
manufactured in China. The container submitted is marked on
the bottom of the container with:
"Hamilton Beach/Proctor-Silex, Inc. Washington, NC
27889" and
"Made In China"
The container is also marked:
"Imported by Import‚ par Importado por Proctor-Silex
Canada, Inc. Picton, Ontario KOK2TO" on the bottom of
one side panel of the container, and "Made in
China Fabriqu‚ en Chine Fabricado en China Hamilton
Beach/Proctor-Silex, Inc. Washington, NC 27889" on the
bottom of the other side of the container.
It is stated that the ultimate purchaser receives the
coffeemaker in this retail container.
ISSUE:
Whether the words, "Imported by ... Proctor-Silex
Canada, Inc. Picton, Ontario KOK2TO" on the side panel of
the container trigger the application of the special marking
requirements of 19 CFR 134.46.
LAW AND ANALYSIS:
The marking statute, section 304, Tariff Act of 1930,
as amended (19 U.S.C. 1304), provides that, unless excepted,
every article of foreign origin (or its container) 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. 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 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. Treasury Decision (T.D.)
97-62, published August 20, 1997 (62 FR 44211, August 20,
1997), amended section 134.46 to ease the requirement that
whenever words appear on imported articles indicating the
name of a geographic location other than the true country of
origin of the article, the country of origin marking must
appear in close proximity and in comparable size lettering
to those words preceded by the words "Made in," "Product
of," or other words of similar meaning. Effective September
20, 1997, the revised section 134.46 provides that:
In any case in which the words "United States," or
"American," the letters "U.S.A.," any variation of
such words or letters, or the name of any city or
location in the United States, 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, and those words, letters or names may
mislead or deceive the ultimate purchaser as to
the actual country of origin of the article, 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.
In Headquarters Ruling Letter (HRL) 732204 dated July
19, 1989, Customs considered a bottle of "Guinness Extra
Stout" with the markings "BREWED IN IRELAND BY," "DUBLIN"
and "ST. JAMES'S GATE DUBLIN" on the front label, and
"IMPORTED BY THE GUINNESS IMPORT COMPANY STAMFORD, CT" on
the back label. HRL 732204 found that "Stamford, Ct." on
the back label of the bottle would not confuse an ultimate
purchaser as to the origin of the beverage in the bottle as
the U.S. address was prominently preceded by the words
"IMPORTED BY" and was the address of an importing company.
Therefore, it was held that the special requirements of 19
CFR 134.46 were not triggered and it was not necessary to
repeat the country of origin of the beverage in close
proximity to the U.S. address.
Similarly, in this case, we find that the marking
"Imported by Proctor-Silex Canada, Inc. Picton, Ontario"
will not mislead an ultimate purchaser into believing that
the coffeemaker is made in Canada and the words "imported
by" clearly indicate that it was imported into Canada.
Therefore, we find that 19 CFR 134.46 is not triggered, and
the country of origin "Made in China" does not have to
appear on the same side as the "Imported by..." marking.
HOLDING:
Based on the facts and sample presented, we find that
the marking "Imported by Proctor-Silex Canada, Inc. Picton,
Ontario" will not mislead an ultimate purchaser into
believing that the coffeemaker is made in Canada.
Therefore, 19 CFR 134.46 is not triggered, and the country
of origin "Made in China" does not have to appear on the
same side as the "Imported by..." marking.
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
Commercial Rulings Division