NY N007549 - THE COUNTRY OF ORIGIN MARKING OF IMPORTED VODKA - United States International Trade Commision Rulings

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NY N007549

March 26, 2007

MAR-2 RR:NC:SP:232

CATEGORY: MARKING

Mr. Charles S. Parisi
Parisi Services, Inc.
P.O. Box 91217
Los Angeles, CA 90009

RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED VODKA

Dear Mr. Parisi:

This is in response to your letter dated February 21, 2007, requesting a ruling on whether imported “Cape North” vodka may be marked “Product of France” and “Made from Swedish spring water” for country of origin purposes. A marked sample was submitted with your letter for review. You indicate that the sample bottle appears as currently labeled for distribution in the European market.

The subject merchandise consists “Cape North” vodka imported from France into the United States. You indicate that Fire and Ice Imports, LLC will purchase spring water originating from Sweden and ship it via tanker truck to Dijon, France. Grain, originating in the Burgundy region of France, is then processed and combined with the water for distillation in Dijon to produce the vodka.

The marking “Made from Swedish spring water” appears on the front of the sample glass bottle above the brand name “Cape North.” The flag of Sweden is below the brand name and the words “Imported.” The marking “Produced and Bottled for Cape North Vodka AB SE-178 02 Drottningholm – Sweden” appears on the back lower panel of the bottle above the UPC code.

The phrase “Made from Swedish spring water” appears in larger size print than the marking “Produced and Bottled for Cape North Vodka AB SE-178 02 Drottningholm – Sweden.”

You suggest four scenarios for potential marking of the imported vodka asking for advice on each one:

Scenario 1: The front label panel of the bottle includes the phrase “Made from Swedish spring water” along with the Swedish flag with the phrases “Product of France” in close proximity and at least the same size lettering as the Swedish address on the back panel label.

Scenario 2: The front label panel includes the phrase “Product of France” in close proximity and at least the same size lettering to the phrase “Made from Swedish spring water”. The Swedish flag remains on the front label with no change to the back panel label.

Scenario 3: The front label panel includes the phrase “Product of France” in close proximity to the phrase “Made from Swedish spring water.” The French flag is added in close proximity to the Swedish flag. In addition, the back panel label includes the phrase “Product of France” in close proximity to the Swedish address.

Scenario 4: The phrase “Made from Swedish spring water” and the Swedish flag are removed from the front panel label. The phrase “Product of France” is included on the back panel label in at least the same size lettering in close proximity to the Swedish address.

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. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases 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, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, 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.

Section 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark or trade name or as part of a souvenir marking, the name of the actual country of origin must appear in close proximity to the place name "or in some other conspicuous location." Whether the country of origin appears "in close proximity" or in some other conspicuous place, the name of the country of origin must be preceded by "Made in," "Product of," or words of similar meaning. In other words, if the question concerns a trademark, trade name or souvenir marking, the country of origin marking need only meet the general standard of conspicuousness.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

For the purposes of 19 CFR 134.46, the marking described in scenarios 1 and 2 do not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and are not acceptable country of origin markings for the imported vodka. In scenario 1, the words “Product of France” would be in close proximity to the phrase “Made from Swedish spring water” but are in a smaller size lettering. Both markings on the front of the bottle for scenario 1 would have to be of at least a comparable size in order to be acceptable.

The marking described in scenario 2 does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and are not acceptable country of origin markings for the imported vodka because the phrase “Product of France” does not appear in close proximity to the Swedish address.

We believe that the marking described in scenario 3 would satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and would be an acceptable country of origin markings for the imported vodka as long as the phrases “Product of France” and “Made from Swedish spring water” are of at least comparable size. We do not believe that the placement of the Swedish and French flags on the front of the bottle would be misleading or deceiving since the phrase “Product of France” would also be in close proximity.

The marking described in scenario 4 would satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and would be an acceptable country of origin markings for the imported vodka. This is satisfactory because the phrase “Product of France” appears in close proximity and the same size lettering as the Swedish address on the back panel label.

Therefore, the proposed marking of imported vodka as described in scenarios 3 and 4, are conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and are an acceptable country of origin marking for the imported vodka.

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 Frank Troise at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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