MAR-2-05 CO:R:C:V 734756 RC
Ms. Jeanne M. Burns
Thornley & Pitt, Inc.
48 Gold Street
San Francisco, CA 94133
RE: Country of Origin Marking of Dolls; Container Marking;
Conspicuous; Misleading Marking.
Dear Ms. Burns:
This is in response to your letter of July 27, 1992,
requesting a ruling upon the acceptable methods of marking
imported dolls manufactured in Spain.
FACTS:
Your client, David Galoob Playthings, imports various dolls
which are made in Spain for retail sale in the United States.
You submitted two sample dolls; one depicts a newborn and the
other a girl. The boxes are designed for sale at retail and
utilize transparent plastic for the front and side panels to
display the dolls. The trade name "Famosa" appears in various
sizes and locations on the boxes. Both boxes are marked "Famosa-
Spain" on the front panel in the lower left-hand corner in
approximately 4.5 points. (A point is a unit of type measurement
equal to 0.01384 inch or nearly 1/72 inch, and all type sizes are
multiples of this unit.) One box is also marked "MADE IN SPAIN"
in approximately 9 points on its top panel in French, English,
and Spanish. Each doll itself is additionally marked "FAMOSA,
C E MADE IN SPAIN" in approximately 9 points on the nape of the
doll's neck. The boxes are easily opened, but the dolls are
secured to the rear interior panel and the nape marking is
obscured.
ISSUES:
Whether use of the trade name "Famosa" is confusing or
misleading when it appears on the packaging of an article
manufactured in Spain.
Whether the dolls or their packaging are conspicuously
marked according to the country of origin marking
requirements.
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.
The country of origin for marking purposes is defined by
section 134.1(b), Customs Regulations (19 CFR 134.1(b)), to mean
the country of manufacture, production, or growth of any article
of foreign origin entering the U.S. In the instant case, the
country of origin is Spain; and the brand name of the dolls is
"Famosa". A question has been raised by Customs field officials
as to whether or not consumers would be confused or misled by the
marking to believe that the country of origin of the dolls is
"Formosa", the former name for Taiwan. We think not. Firstly,
"Famosa" and "Formosa" are clearly spelled differently. Secondly,
"Formosa" does not at present exist as a country, the island is
now called "Taiwan". Thirdly, the trade name "Famosa" means
"famous" in Spanish. Therefore it is our opinion that "Famosa"
is not a misleading marking.
As provided under section 134.32(d), Customs Regulations (19
CFR 134.32(d)), an article is excepted from marking if the
marking of the article's container will reasonably indicate the
origin of such article. Customs must be satisfied that in all
foreseeable circumstances the article will reach the ultimate
purchaser in a properly marked container.
In HQ 732256 (January 26, 1990), Customs held that baby toys
imported and sold in properly marked retail boxes were excepted
from individual marking. There, the acceptable country of origin
markings were at least 1/8" which is approximately 9 points. The
unacceptable country of origin markings were 1/16" or
approximately 4.5 points.
In the instant case, the retail box markings are similar in
size to the markings reviewed in HQ 732256. The location of the
marking "Famosa-Spain", on the front panel in the lower left-
hand corner is visible upon casual inspection. It appears in
clearly contrasting colors, black print on a white background and
there is no other writing in the immediate vicinity to distract
the ultimate purchaser. Therefore, even though the point size is
less than 9 points, it is in our opinion in a conspicuous place
and legible.
The marking on the top panel being approximately 9 points is
adequate in size. However, the marking appears in the middle of
other printed material, including foreign languages. Also, the
print color is purple on a green background which is a little
difficult to read. In our opinion, the marking on the top panel
is acceptable, but not necessary in view of the adequacy of the
other marking of the box.
With regard to the marking of the dolls, the packaging
obscures the marking on the nape of the doll's neck. However,
inasmuch as the retail packaging is sufficiently marked, it is
not necessary that the article marking be visible. The
transparent design of the boxes allows the ultimate purchaser to
see the dolls and the package marking at the same time. It is
unlikely that the dolls will be for sale on display outside of
their boxes. However, if the dolls are on display or sold
without packaging, the nape marking is sufficient.
HOLDING:
The trade name "Famosa" is not a confusing or misleading
marking. The marking on the submitted sample packages is
acceptable under section 304 of the Tariff Act, as amended, and
Part 134, Customs Regulations.
Sincerely,
John Durant, Director
Commercial Rulings Division