Country of origin marking for watch bracelets; Conspicuous; 19 C.F.R. 134.41(b); Modification of NY 800337

HQ 558707 September 13, 1994 MAR-2-05 CO:R:C:S 558707 DEC CATEGORY: Marking Mr. Louis S. Shoichet Siegel, Mandell & Davidson, P.C. One Astor Plaza 1515 Broadway - Forty-Third Floor New York, New York 10036-8901 RE: Country of origin marking for watch bracelets; Conspicuous; 19 C.F.R. 134.41(b); Modification of NY 800337 Dear Mr. Shoichet: This is in response to your letter dated August 18, 1994, in which you seek a ruling with respect to the acceptability of the country of origin marking of watch bracelets. FACTS: On August 4, 1994, your law firm, on behalf of Esquire Watch Company, received a ruling from the Customs Service - New York (NY 800337, dated August 4, 1994) regarding the acceptability of the country of origin marking on two different watch bracelets. The watch bracelets are made in Hong Kong and are imported and marked separately. Samples of the two watch bracelets were submitted for review to the Customs officials in New York and now to Headquarters for our reconsideration. On the first sample, the words "Hong Kong" are located directly below the words "Stainless Steel" and appear on the center of the exterior folding plate of the closure buckle. The words remain visible when the buckle is in the closed position. The second sample has the words "100% Stainless Steel" located in the center of the exterior folding plate of the closure buckle. The words "Hong Kong" appear on the side of the exterior folding plate of the closure buckle. The words remain visible when the buckle is in the closed position. Customs in New York determined that the first sample had an acceptable marking which could be read without strain from a reasonable distance. The second sample, however, was deemed to be unsatisfactory because it was not conspicuous and not easily located. NY 800337, dated August 4, 1994. You seek Headquarters reconsideration with respect to the acceptability of the second sample's country of origin marking. ISSUE: Whether the country of origin marking located on the exterior folding plate of a watch bracelet which can be seen when the closure buckle is closed is a conspicuous marking. 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 United States 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 United States 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, 302 (1940). Part 134 of the Customs Regulations implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), mandates that the ultimate purchaser in the United States must be able to find the marking easily and read it without strain. Although the country of origin marking for the second sample submitted is not in the most conspicuous location and it is die-stamped in the closure buckle in the same color as the background, neither section 1304, United States Code, (19 U.S.C. 1304) nor its implementing regulations in part 134 require the country of origin marking be placed in the most conspicuous location of an article or in a contrasting color. Headquarters Ruling Letter 733146, dated August 10, 1990. Upon examination of the sample at issue and its country of origin marking, we find that the mark can be easily found and read without strain from a reasonable distance. HOLDING: The country of origin marking located on the exterior folding plate of a watch bracelet which can be seen when the closure buckle is closed is a conspicuous marking. NY 800337 is hereby modified with respect to the marking on the second sample. Sincerely, John Durant Director, Commercial Rulings Division