Country of Origin Marking for Crystal Tumblers; Conspicuous.

HQ 735074 October 19, 1993 MAR-2-05 CO:R:C:V 735074 RC CATEGORY: MARKING Mr. Douglas Arbuckle Edinburgh Crystal Eastfield, Penicuik, Midlothian EH26 8HB RE: Country of Origin Marking for Crystal Tumblers; Conspicuous. Dear Mr. Arbuckle: This is in response to your request, dated January 4, 1993, for a ruling on the acceptability of the country of origin marking for certain crystal tumblers. FACTS: Your company, Edinburgh Crystal, manufactures lead crystal whiskey tumblers made in Scotland for retail sale in the United States. The tumblers will bear a label stating "MADE IN SCOTLAND" whereas the boxes containing the tumblers will instead indicate "FINEST QUALITY CRYSTAL FROM SCOTLAND". Photocopies of sample markings were submitted. ISSUE: Whether marking the tumblers "MADE IN SCOTLAND" and their boxes "FINEST QUALITY CRYSTAL FROM SCOTLAND" satisfies 19 U.S.C. 1304 and 19 CFR Part 134. LAW AND ANALYSIS: Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that articles of foreign origin or their containers be marked in a conspicuous place legibly, indelibly, and permanently to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. The country of origin for marking purposes is defined by section 134.1(b), Customs Regulations (19 CFR 134.1(b)), to mean the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Here, the tumblers having been manufactured in Scotland must be marked to indicate the country of origin. Here, the proposed country of origin marking "SCOTLAND" appears conspicuously, legibly, and indelibly both on the tumblers and on their boxes. HOLDING: Marking the tumblers "MADE IN SCOTLAND" and their boxes "FINEST QUALITY CRYSTAL FROM SCOTLAND" satisfy the country of origin requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Sincerely, John Durant, Director