MAR-2 OT:RR:NC:2:234
Mr. Albert P. Mauro, Jr.
Hallmark Cards Incorporated
2501 McGee
P.O. Box 419580, MD #339
Kansas City, MO 64141-6580
RE: THE COUNTRY OF ORIGIN MARKING OF GREETING CARDS FROM CHINA.
Dear Mr. Mauro:
This is in response to your letter dated July 17, 2012, requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported greeting cards. Two marked samples were submitted with your letter for review.
The first greeting card is folded and measures approximately 5 ¾ inches x 8 inches. The face of the card has the printed word “Happy”, a big blue letter “B” and the word “Day”. The inside of the card on the right side has five printed phrases that state “Be happy”, “Be silly”, “Be unpredictable”, “Be real” and “Just be you!”.
The second greeting card is folded and measures approximately 5 inches x 4 inches. The face of the card depicts three baby’s garments; a shirt, pajamas and a baby jumper, and the printed word “thanks”. The inside of the card is blank. This card will be packaged as a set and sold for retail sale.
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.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered 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, it is 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.
The Hallmark greeting cards are manufactured in China and are currently marked on the right side of the back cover with the printed words “Hallmark Licensing, LLC”; “Hallmark Cards, Inc.”; “Kansas City, MO 64141”; “Toronto, Canada M2J 1P6”; and “Produced in China”. You have proposed adding an additional marking on the cards that will state “Imagined in Kansas City”, which will be located on the left side of the back cover just below the words “We Care Everyday” and “Visit Hallmark.com/ourplanet” and above the word “Hallmark.com” and you request a ruling as to whether these markings would still satisfy the U.S. country of origin marking requirements.
The proposed marking of imported cards, as described above, including printed words “Imagined in Kansas City” is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported merchandise.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Albert Gamble at (646) 733-3037.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division