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HQ 561165

February 12, 1999

MAR-05 RR:TC:SM 561165 KKV


Mr. Robert Resetar
Porsche Cars North America, Inc.
980 Hammond Drive
Suite 1000
Atlanta, GA 30328

RE: Country of origin marking requirements applicable to imported die cast model cars; “Crafted in China;” HRL 560989; HRL 732689; HRL 735318; 19 CFR 134.46; contrasting adhesive sticker; close proximity; comparable size type

Dear Mr. Resetar:

This is in response to your letter dated September 22, 1998, which requests a ruling regarding the acceptability of a proposed country of origin marking for imported die cast model cars. A sample was submitted for our consideration.


You indicate that Porsche Cars North America will be importing die cast model cars into the U.S. from China. The submitted sample, which measures approximately 9½" L X 4½" W X 2¾" H, is a 1:18 scale replica of a Porsche Carrera Cabriolet automobile. The model is constructed of a die cast metal body, molded plastic interior components and rubber tires. Molded into the bottom of the model car is the phrase “Crafted in China.”

The model is attached to a plastic base by three screws. To prevent damage to the model during shipping, two plastic end pieces which extend beyond the height of the model are also connected to the base and are intended for removal by the ultimate purchaser. To display the model, the ultimate purchaser may leave the model on the plastic base or elect to remove it by removing the three screws.

The model and base will be shipped in a black cardboard retail box with a plastic display window on the top and one side. The top of the box is printed with the trade name “Porsche” and the words “911 Carrera Cabriolet” are printed on the front side of the box immediately below the display window. One end of the box is printed with the Porsche part number. The rear panel of the black box bears the Porsche crest logo, child warning labels and the name and address of the distributor in Germany. Printed immediately to the left of the distributor’s name and address, in the same font style and equal or slightly larger size, is a contrasting adhesive white sticker printed “Made in China.”

You inquire whether the phrase, “Crafted in China” is similar in meaning to the phrases “Made in” or “Product of” for purposes of 19 CFR Part 134.


Whether the phrase “Crafted in China” satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.


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 its 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. By enacting 19 U.S.C. 1304, Congress intended to ensure that the ultimate purchaser would be able to know by inspecting the marking on the imported goods the country of which the goods are 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 C.A.D. 104 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions. Customs has previously considered the use of the phrase “Crafted in” in the context of country of origin marking. In Headquarters Ruling Letter (HRL) 560989, dated October 6, 1998, Customs held that the phrase “Crafted In (country of origin)” is acceptable for use in marking imported leather apparel and leather accessories provided the marking otherwise met the requirements of 19 U.S.C. 1304 and 19 CFR Part 134. In HRL 732689, dated December 7, 1989, Customs considered the country of origin marking of imported mugs, tins and gift bags. Customs held that the phrase “Crafted in” satisfied the general marking requirements of 19 U.S.C. 1304, stating, “the word ‘craft’ is defined in the Random House College Dictionary as ‘to make or manufacture an object with skill and careful attention to detail.’ An ultimate purchaser would therefore understand that the phrase ‘Crafted in’ refers to where an item was made.” Additionally, in HRL 735318, dated October 18, 1993, Customs determined that the phrase “Crafted in Taiwan” would be acceptable for marking imported faucets and pre-rinse units as it satisfied the special marking requirements of 19 CFR 134.46, where it appeared in close proximity to the non-origin geographical reference and was printed in lettering of at least comparable size.

Moreover, in HRL 712210, dated March 20, 1980, Customs ruled that the phrase "Handcrafted in Mexico" was acceptable for marking imported surfboards, or “Boogie Boards,” where the only manufacturing processes done by machine were operations secondary or incidental to the primary construction of the merchandise (e.g., attaching, trimming, wrapping). See also, HRL 732734, dated December 28, 1989, where Customs discussed the marking of printed material. Customs determined that the term “lithography” was not a commonly understood phrase and an ultimate purchaser could misunderstand that the phrase “Litho Canada” refers to the location where the printed material was made. However, Customs held that the term “handcrafted,” which related to where a product was made and the specific technique used to make the product, was a commonly understood term that an ordinary ultimate purchaser who does not have specialized knowledge would comprehend.

Accordingly, the term marking “Crafted in China” is acceptable for use on either the imported die cast model cars or the retail containers in which they will be sold, provided the other requirements of 19 U.S.C. 1304 and 19 CFR Part 134 are met. Additionally, in those locations where the special marking requirements are inapplicable due to the absence of any non-origin geographical reference, such as the bottom of the model car, the term “China” would also be an acceptable country of origin marking for purposes of 19 U.S.C. 1304 and 19 CFR Part 134. The proposed country of origin marking label for the black retail box, which is a contrasting white adhesive sticker printed with the phrase, “Crafted in China,” in the same font style and equal or slightly larger size than the adjacent typeface used to print the name and address of the product’s distributor, satisfies the requirements of 19 U.S.C. 1304 and 19 CFR 134.46.


The phrase “Crafted in China” is acceptable for use in marking imported die cast model cars provided the other requirements of 19 U.S.C. 1304 and 19 CFR Part 134 are met.

A copy of this ruling letter should be attached to the entry documents filed at the time the goods are entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


John Durant

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