NY 818203 - The Country of Origin Marking of Periodicals, from Canada - United States International Trade Commision Rulings

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NY 818203

January 18, 1996

MAR-2-49:RR:NC:GI:234 818203

CATEGORY: MARKING

Ms. Tracey Ellman
Customs Consulting Department
PBB Group
434 Delaware Avenue
Buffalo, New York 14202

RE: The Country of Origin Marking of Periodicals, from Canada

Dear Ms. Ellman:

This is in response to your letter dated January 4, 1996, to the District Director of Customs, Buffalo, on behalf of your client, Micro Mag Publications, Inc., requesting a ruling on whether the proposed marking, "Printed in Canada", in the mastheads, is acceptable country of origin marking for imported periodicals, under certain circumstances. Marked samples were submitted with your letter for review. These will be retained for reference.

The samples are periodical publications, "Astro Digest, The Astrology Authority", January/February 1996 issue, and "Soap Dish, Soap Opera Lifestyles & Entertainment Digest", Premiere Issue, dated February 1996. Each is printed, at the bottom of its masthead, in boldface type which is both legible and conspicuous, "Printed in Canada".

This is prima facie acceptable marking for merchandise of this class or kind. An issue arises, however, in that each periodical contains one or more advertisements, on pages preceding the masthead, in which the name and the U.S. address of the advertiser appears.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that when the name of any city or locality in the U.S. appear on an imported article, there shall appear, legibly and permanently, in close proximity to such 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 import.

However, in several rulings (citations omitted) Customs has indicated that geographic references appearing in connection with an imported article do not necessarily trigger the requirements of 19 CFR 134.46. The basis of these rulings was that while the names and addresses, taken alone, would appear to be the kinds of potentially confusing information addressed by 19 CFR 134.46, their context was such that no confusion as to country of origin of the imported article was conceivable.

This is the case with respect to the periodicals represented by the samples submitted in this case. The requirements of 19 CFR 134.46 are not triggered by the printed advertisements.

The submitted marking of imported periodicals, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for them.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this 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 this ruling, contact National Import Specialist Carl Abramowitz, at (212) 466-5733.

Sincerely,

Roger J. Silvestri

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