Country of origin marking of cigarette cartons; 19 CFR134.46; HRL 561032

HQ 561056 August 10, 1998 MAR-05 RR:TC:SM 561056 BLS CATEGORY: Marking Port Director 526 Water Street Port Huron, Michigan 48060 RE: Country of origin marking of cigarette cartons; 19 CFR 134.46; HRL 561032 Dear Sir: This is in reference to a letter dated June 17, 1998, from Imperial Tobacco Limited ("Imperial"), concerning a proposed country of origin marking on cartons of cigarettes. Samples have been submitted reflecting the existing marking. FACTS: The importer states that the existing marking on cigarette cartons imported into the U.S. is as follows: Mercer 100's, by Imperial Tobacco, Montreal, Canada Quality tobacco products since 1912 Distributed under license by: ITL (USA) Limited Boston, Massachusetts 02116 1-888-8-MERCER Imperial proposes to change the wording on the carton using this same style, typeface and font size for the proposed new wording, which will read as follows: Mercer 100's, by Imperial Tobacco, Montreal, Canada Made in Canada Distributed under license by: ITL (USA) Limited Boston, Massachusetts 02116 1-888-8-MERCER This marking will be located on a side panel of the carton, with silver lettering on a red background, or blue lettering against a beige background, depending on whether the cigarettes are "lights." - 2 - ISSUE: Whether the proposed marking is in accordance with the requirements of 19 U.S.C. 1304 and 19 CFR 134.46. LAW AND ANALYSIS: 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 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. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported article the country of which the goods is 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 CCPA 297 at 302; C.A.D. 104 (1940). Part 134, Customs Regulations (19 CFR Part 134) implements the requirements of section 304. Section 134.46, Customs Regulations (19 CFR 134.46) provides as follows: 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 location in the United States, or the name of any foreign country or locality in which the article was manufactured or produced appear 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 of the article, 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 or origin preceded by "Made in," "Product of," or other words of similar meaning. In the instant case, 19 CFR 134.46 was triggered by the appearance of a U.S. location for the cigarette distributor, as an ultimate purchaser may be misled as to the actual country of origin of the cigarettes. The marking "Mercer 100's, by Imperial Tobacco, Montreal, Canada," is not equivalent to "Made in" or "Produced in," and thus does not satisfy the special marking requirements of this regulation. - 3 - Headquarters Ruling 561032 Headquarters Ruling Letter (HRL) 561032 dated June 22, 1998, copy attached, concerned a proposed marking for cigarette packs identical to the marking proposed for the cigarette cartons. In that case, we found that the proposed marking on the side of the pack was sufficiently legible and conspicuous and satisfied the requirements of 19 U.S.C. 1304. We also found that the marking satisfied the requirements of 19 CFR 134.46, as the name of the country of origin was preceded by the words "made in" and it appeared in close proximity to, and in the same size lettering as the U.S. address. The marking proposed for the cigarette cartons is identical in wording, style, typeface and font size as the marking proposed for the cigarette packs. Under the circumstances, we find that the proposed marking on the cigarette cartons satisfies the requirements of 19 U.S.C. 1304 and 19 CFR 134.46. HOLDING: The proposed marking "Made in Canada," on the cigarette cartons, which appears in close proximity to the marking indicating the U.S. location of the manufacturer's distributor, satisfies the requirements of 19 U.S.C. 1304 and the special marking requirements of 19 CFR 134.46. Please provide a copy of this decision to Imperial Tobacco Limited, 3810, rue St. Antoine Street, Montreal, P.Q. H4C 1B5. Sincerely, John Durant, Director Commercial Rulings Division