Mar-2-05 CO:R:C:V 734402 AT
Paul F. Rahill
Vice President
Industrial Equipment & Engineering Co.
P.O. Box 547796
Orlando, Florida 32854-7796
RE: Country of origin marking of cremation urn imported from
Germany; adhesive labels; 19 CFR 134.41(b); 19 CFR 134.44(b);
permanent marking
Dear Mr. Rahill:
This is in response to your letter dated October 31, 1991,
requesting a ruling on the country of origin marking of cremation
urns. A sample was submitted for examination.
FACTS:
Your company imports metal cremation urns from Germany. The
cremation urn is approximately 8 1/2 inches high and 6 1/4 inches
in diameter. The urn has an inner and outer cover. Attached to
the bottom of the urn is an adhesive label printed with the words
"Made in West Germany" in black lettering approximately 6 point
(a point is a unit of measurement equal to 0.01384 inch or nearly
1/72 in., and all type sizes are multiples of this unit). You
state that the imported urns are sold in elaborate show rooms to
families at the time of death and therefore, it would be
inappropriate to mark the urns by other methods such as etching
or dye stamping. You also state that marking the urns by means
of etching or dye stamping could possibly impair the special
finish that is placed on the urns to prevent deterioration.
ISSUE:
Whether the country of origin marking described above
satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134?
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, 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. As provided in section 134.41, Customs Regulations
(19 CFR 134.41), the country of origin marking is considered to
be conspicuous if the ultimate purchaser in the U.S. is able to
find the marking easily and read it without strain.
With regard to the permanency of a marking section
134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that
as a general rule marking requirements are best met by marking
worked into the article at the time of manufacture. For example,
its suggested that the country of origin on metal articles be die
sunk, molded in, or etched. However, section 134.44, Customs
Regulations (19 CFR 134.44), generally provides that any marking
that is sufficiently permanent so that it will remain on the
article until it reaches the ultimate purchaser unless
deliberately removed is acceptable. If paper stickers or
pressure sensitive labels are used, they must be affixed in a
conspicuous place and so securely that unless deliberately
removed they will remain on the article while it is in storage or
on display and until it is delivered to the ultimate purchaser.
(19 CFR 134.44(b)). See also 19 CFR 134.41(b).
Customs has consistently ruled that pressure sensitive
labels are an acceptable country of origin marking provided that
the label will remain on the article unless deliberately removed.
See HQ 731089 (February 13, 1989), marking imported women's
footwear (moccasin, beach sandal) by means of a vinyl label
attached with adhesive was an acceptable country of origin
marking; HQ 732299 (April 20, 1989), paper labels affixed to a
conspicuous place on an imported necklace and sufficiently
permanent was an acceptable country of origin marking of the
article; HQ 732836 (December 28, 1989), paper label affixed to a
leather dart wallet imported into the U.S. was an acceptable
method of marking the wallet's country of origin; HQ 733880
(February 8, 1991), country of origin marking of undercarriage
spare parts by means of pressure sensitive labels permanently
attached was an acceptable method of marking the article's
country of origin provided such labels are conspicuously placed
and remain on the articles until they reach the ultimate
purchaser.
In this case, examination of the label reveals that these
pressure sensitive labels are affixed in a conspicuous place on
the urns and that they are sufficiently permanent to meet the
requirements of 19 CFR 134.44. The marking "Made in West
Germany" on the label is easy to find and is securely affixed and
would in our opinion, come off only if it were deliberately
removed. Accordingly, the requirements of 19 U.S.C. 1304 and 19
CFR 134.44 are satisfied and this method of marking the country
of origin on the urns is acceptable.
We note, however, that effective October 4, 1991, all German
goods imported into the U.S. must be marked either "Germany" or
"Federal Republic of Germany". See O.C.O.D. 90-2, November 14,
1990.
HOLDING:
The country of origin marking on the sample urn, as
described above, satisfies the marking requirements of 19 U.S.C.
1304 and 19 CFR 134.44 provided "Germany" or "Federal Republic of
Germany" rather than "West Germany" appears on the label.
Sincerely,
John Durant, Director