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HQ 730909

February 23, 1988

MAR-2-05 CO:R:C:V jd 730909


Mr. Andy Warmerdam
Belmont Farms
1090 N. Armstrong
Fresno, California 93727

RE: Country of origin marking requirements on paper plug caps on juice bottles

Dear Mr. Warmerdam:

This is in response to your letter requesting a ruling as to whether a paper plug cap you intend to use on bottles containing reconstituted orange juice would satisfy country of origin marking requirements.


According to your letter you bottle orange juice reconstituted from imported concentrate purchased from Sunkist Growers of Ontario, California. The juice is bottled in "old fashioned" glass milk bottles and you have submitted a photocopy of the paper cap closure which will be used to seal the bottles for retail sale. The cap shows a drawing of a windmill, company name, phone number and city, contents of the bottle, and in pertinent part the words, "CONTAINS ORANGE JUICE FROM BRAZIL AND U.S.A." The letters of these words are approximately 1/16" high.


Does country of origin marking information printed in type approximately 1/16" high satisfy the requirements of the country of origin marking laws?


Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.1304), requires that every article of foreign origin (or its container) 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 the English name of the country of origin of the article.

Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), states in reference to country of origin markings, "The ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain."


In a phone conversation with a member of my staff on January 19, 1988, you were informed that the size of the type which conveys country of origin information on the sample cap was too small to satisfy country of origin marking laws. It cannot be found easily and read without strain. You agreed to contact your cap manufacturer and seek an increase in the size of the print. It was suggested that the print should be at least 1/8" high.

Also, in consideration of the five year supply of caps you were ordering, you were considering dropping your U.S. address from the cap. This would exclude you from having to comply with possible regulations that would mandate minimum print size for country of origin information when a U.S. address is also on a label.

If I can be of any further assistance to you, please do not hesitate to write.


Marvin M. Amernick

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