COUNTRY OF ORIGIN MARKING OF IMPORTED QUODDY BLEND 100% COMPOST; ARTICLE 509

NY G87790 March 23, 2001 MAR-2 RR:NC:2:236 G87790 CATEGORY: MARKING Jeffrey A. Frey Coast of Maine, Inc. 145 Newbury Street Portland, ME 04101 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED QUODDY BLEND 100% COMPOST; ARTICLE 509 Dear Mr. Frey: This is in response to your letter dated February 22, 2001, requesting a ruling on whether the proposed marking "Produced in New Brunswick Canada for Coast of Maine" is an acceptable country of origin marking for imported compost if another marking "Coast of Maine" appears on the article containing a reference of a country or locality other than the actual country of origin of the article. A color copy of the artwork for the compost bag was submitted with your letter for review. The artwork provided for review was for the 1 cubic foot (28.3 liters) size bag of compost. On the front of the bag the “Coast of Maine” name appears on all four borders. Within those borders is a drawing depicting the coast of Maine, the brand name Quoddy Blend 100% Compost, a list of ingredients, and the size of the bag. It is marked “Produced in New Brunswick, Canada for Coast of Maine, Inc.” directly below the size of the bag (1cubic foot) and directly above the bottom border marking of “Coast of Maine 100% Compost”. On the back of the bag the “Coast of Maine” name appears at the top of the bag. The back of the bag contains a description of the product, a full list of ingredients with the their source and function, instructions on use of product, and information on how to contact the U.S. Company. The marking “Produced in New Brunswick, Canada for Coast of Maine, Inc.” appears directly under the U.S. Company information. This marking is in larger and bolder lettering than the rest of the artwork on the back of the bag. 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 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. The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations. Section 134.45(a)(2) of the regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. 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. The proposed marking of imported Quoddy Blend 100% Compost, as described above, satisfies the marking requirements of 19 CFR 134.47 and is an acceptable country of origin marking for the imported compost. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181). 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 Deborah Walsh at 212-637-7062. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division