Country of origin marking requirements when the words"Registered Trademark" followed by a company name and U.S.address appears on a carton containing an imported article; 19CFR 134.46

HQ 733026 August 16, 1990 MAR-2-05 CO:R:V:C 733026 RSD CATEGORY: Marking Richard G. Seley Rudolph Miles & Sons 4950 Gateway East P.O. Box 144 El Paso, Texas 79942 RE: Country of origin marking requirements when the words "Registered Trademark" followed by a company name and U.S. address appears on a carton containing an imported article; 19 CFR 134.46 Dear Mr. Seley: This is in response to your letter of January 2, 1990, requesting a ruling on the country of origin marking requirements when the words "Registered Trademark" followed by a company name and U.S. address appears on a carton containing an imported article. FACTS: You are writing on behalf of several of your clients who import products assembled in Mexico. Although you state that your question involves a number of clients, a sample carton for an automatic drip coffee maker manufactured by Proctor Silex was submitted. The carton is printed on three sides and on one of the top long flaps, the statement "Assembled in Mexico" appears. One of the bottom long flaps is printed with the statement: Registered Trademark Proctor-Silex, Inc. 220 Sulphur Spring Road Baltimore, Maryland 21227 Your question is whether the above statement would trigger the requirements of section 134.46 Customs Regulations (19 CFR 134.46), so that the country of origin of the imported article must appear on the carton in close proximity to the statement. ISSUE: Does the appearance of a U.S. address, preceded by the words "Registered Trademark" Proctor-Silex, Inc., on a carton containing an imported article trigger the requirements of 19 CFR 134.46? 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 (1940). 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 134.46, Customs Regulations (19 CFR 134.46), requires that when the name of any city or locality in the U.S., other than the name of the country or locality in which the article was manufactured or produced, appears on an imported article or its container, 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. The purpose of this requirement is to prevent the possibility of misleading or deceiving the ultimate purchaser of the article as to the actual origin of the imported goods. In this case, a U.S. address appears on the bottom flap of the carton. It is contended that the U.S. address appears in connection with a registered trademark and is only relevant to identify the owner of the trademark. It is further argued that the U.S. address has no connection with a manufacturing facility and the ultimate purchaser would not be confused as to the correct country of origin of the article. Therefore, the requirements of 19 CFR 134.46 should not be triggered because the carton is conspicuously marked with the proper country of origin marking for the article. However, from viewing the sample carton submitted, it is not precisely clear what the relationship is between the U.S. address and the registered trademark. It is contended that the U.S. address is on the carton to identify the owner of the trademark. Even if the U.S. address is on the carton solely for this reason, an ultimate purchaser could be confused as to what is the correct country of origin of the imported product by the U.S. address. In certain cases, Customs has ruled that a U.S. reference, such as where it is part of a design on a garment, does not trigger the requirements of 19 CFR 134.46. See HQ 723604 (November 3, 1983) and HQ 712013 (January 13,1980). However, in those cases it was clear that the ultimate purchaser would understand that the U.S. reference on the product was not related to the country of origin of the product. In this case the U.S. address on the carton is not part of a design and ultimate purchasers may not recognize that the U.S. address is on the carton to indicate the address of the holder of a trademark. We believe that without any other indication as to the country of origin of the product, the U.S. address could cause an ultimate purchaser to believe that product is of U.S. origin. When a U.S. address appears on an article or its container, 19 CFR 134.46 is designed to prevent this kind of confusion, by having the correct country of origin appear in close proximity to the U.S. address, in at least comparable sized lettering as the U.S. address and be preceded by "Made In" "Product Of," or other words of similar meaning. Accordingly, we find that the requirements of 19 CFR 134.46 would be triggered when a U.S. address appears on a carton following the words "Registered Trademark." Customs has previously interpreted the close proximity requirement of 19 CFR 134.46 to mean that the country of origin marking must appear on the same panel or side of a carton as the U.S. address so that the information is viewable in one inspection of the panel of the carton. See HQ 733084, March 19, 1990. Therefore, if the U.S. address appears on the bottom of the carton, as it does on the sample carton, the country of origin marking must also appear on the bottom panel of the carton in comparable sized lettering preceded by "Made In,"" Product of," or other words of similar meaning. Holding: The requirements of 19 CFR 134.46 are triggered when a U.S. address preceded by the words "Registered Trademark" and a company name and U.S. address appears on an article or its container. The country of origin marking on the imported U.S. address must appear on the same panel or side of the carton as the U.S. address to satisfy the close proximity requirement of 19 CFR 134.46. Sincerely, Marvin M. Amernick Chief, Value, Special Programs and Admissibility Branch