NY 816376 - COUNTRY OF ORIGIN MARKING OF IMPORTED CONFECTIONERY - United States International Trade Commision Rulings

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NY 816376

November 21, 1995

MAR-2 R:N2:232 816376

CATEGORY: MARKING

Mr. Gary L. Foote
The Profit Masters, Inc.
P.O. Box 129
New Lothrop, Michigan 48460-5097

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED CONFECTIONERY

Dear Mr. Foote:

This is in response to your letter dated October 25, 1995 requesting a ruling on whether the proposed marking "Made In Australia" is an acceptable country of origin marking for imported confectionery if another marking "International Mints Ltd. Box 45, Haslett MI. 48840 USA" or "Distributed by The Profit Masters, Inc. 8998 Byron Road P.O. Box 129 New Lothrop, MI 48460 USA" appears on the article which is a country or locality other than the actual country of origin of the article. A marked sample and a copy of a product label were submitted with your letter for review.

The submitted sample is a confectionery called "Lion Mints", which consists of circular pieces of mint flavored candy wrapped in foil paper to form a roll. The roll has a net weight of .88 ounces. The product will be packaged 24 rolls per box, and 20 boxes per case. The item is labelled "Lion Mints" in gold lettering on a green background. The Lion's Club Logo appears on the left of "Lion Mints", and the net weight is shown on the right. All of the following information appears as green lettering on a white background. The line after "Lion Mints" is labelled "Wintergreen Candy", followed by "Artificially Flavored". The next line is marked "International Mints Ltd. Box 45, Haslett MI. 48840 USA. The next two lines list the ingredients, and at the end of the ingredients, the product is marked "Made In Australia". The submitted product label is marked "Fizzy Fruit Flavors" at the top left followed by "Lions Club Candy". The Lions Club Logo appears on the top right of the label. The next line shows "Distributed by The Profit Masters, Inc. 8998 Byron Road P.O. Box 129 New Lothrop, MI 48460 USA". The next three lines show "Made in Australia" immediately followed by the product ingredients in the same size lettering, and ending with "International Mints Ltd. Box 45, Haslett MI 48840 USA".

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.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case 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, 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.

The marking of imported "Lion Mints" and the submitted product label for "Fizzy Fruit Flavors" , as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported confectionery. The country of origin marking "Made in Australia" is not conspicuous, since it appears on the same line and in the same size lettering as the ingredients. There should be some space between "Made in Australia" and the ingredients and it should be printed in a different or darker type than the ingredients. The country of origin marking "Made in Australia" should also appear on each box of 24 roles, and on each case of 20 boxes.

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 John Maria at 212-466-5730.

Sincerely,

Roger J. Silvestri
Director,

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