2
2
N272432
February 26, 2016
MAR-2 OT:RR:NC:N4:422
CATEGORY: MARKING
Stephen M. Zelman
Zelman Associates
1700 Broadway
41st Floor
New York, NY 10019
RE: COUNTRY OF ORIGIN MARKING OF IMPORTED SOUVENIR MUGS
Dear Mr. Zelman:
This is in response to your letter dated January 25, 2016, on behalf of Columbus Monument LLC c/o Wolf Popper PSC, requesting a ruling on whether the proposed method of marking imported ceramic mugs that are made in China is an acceptable country of origin marking if another marking referencing the place name “Puerto Rico” appears on the article, which is a locality other than the actual country of origin of the article. A marked sample was not submitted with your letter for review.
The merchandise consists of ceramic coffee mugs, each with a printed design on the external surface area that depicts a 300 foot tall monument that is located in Arecibo, Puerto Rico and is entitled “Birth of a New World”. The mugs are designed as souvenirs of the monument. The design on each mug replicates the image of the monument, which depicts Columbus and his three ships during his first voyage to the Western Hemisphere.
In addition, printed around the depiction of the monument on each mug are the words “Birth of a New World” and in smaller letters, the words “Puerto Rico”. Some of the mugs will also include the printed place name “Arecibo” before “Puerto Rico”. In addition, also printed on the mugs is the name “Zurab Tsereteli”, who is the artist that conceived the monument. The mugs will be sold in a gift shop located at the base of the monument, at the gift sections of a few stores in Puerto Rico, at a gift shop at the international airport in Puerto Rico and on-line.
In an email message dated February 22, 2016, you stated the following: “Per our telephone conversation of this day, we propose to affix country of origin marking by means of a paper gummed label attached to the bottom of the mugs, clearly and legibly containing the words, "Made in China.” The labels will be firmly affixed and they will be readily visible on examination of the mugs by the consumer before 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. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.
Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported.
Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases 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 locality 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, appears 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. In such a case, 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 order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.
However, Section 134.47, Customs Regulations (19 CFR 134.47), provides that when as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the United States appears, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by the words "Made in," "Product of," or other similar words, in close proximity or in some other conspicuous location (emphasis added). In such circumstance, as long as the country of origin marking is in a conspicuous location, it is not required to be in close proximity to the name of the location in the U.S. It should be noted that Puerto Rico is part of the Customs territory of the United States.
In this case, the imported ceramic mugs are sold to tourists, vacationers and others at the actual monument in Arecibo, Puerto Rico and therefore the printed words “Arecibo” and Puerto Rico” that are incorporated into the design of the mugs are considered to be souvenir markings. As such, the requirements of 19 CFR 134.47, rather than those of 19 CFR 134.46, are applicable to the imported ceramic mugs. Consequently, the country of origin marking “Made in China” need not be in close proximity to the words “Arecibo” and “Puerto Rico” as long as the country of origin marking is in a conspicuous location on the imported ceramic mugs.
Inasmuch as we have not examined a sample of the ceramic mugs, we cannot rule definitively on the acceptability of the marking. However, you state that the label is legible and firmly affixed. Therefore, if the markings "Made in China" appearing on gummed paper labels on the bottom of each mug are legible, conspicuous and permanent within the meaning of 19 U.S.C. 1304 and section 134.41, Customs Regulations (19 CFR 134.41), relating to the method and manner of marking, the marking of the articles is acceptable according to 19 CFR 134.47. It should be noted that unless deliberately removed, to be sufficiently permanent the labels must withstand ordinary handling to the point of sale to ultimate purchasers in the U.S.
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 Gary Kalus at .
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division