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articles, shall, respectively, be plainly marked, stamped, branded, or labeled in legible English words, so as to indicate the country of their origin and the quantity of their contents; and until so marked, stamped, branded, or labeled they shall not be delivered to the importer should any article of imported merchandise be marked, stamped, branded, or labeled so as to indicate a quantity, number, or measurement in excess of the quantity, number, or measurement actually contained in such article, no de. livery of the same shall be made to the importer until the mark, stamp, brand, or label, as the case may be, shall be changed so as to conform to the facts of the case. (This Section supersedes Section 6, Act October 1, 1890.)
CIRCULAR No. 136 OF TREASURY DEPARTMENT, DECEMBER 20,
1890. (T. D. 10445.) 1. While only such goods or articles of foreign manufacture are usually or ordinarily marked, stamped, branded, or labeled": are required to be so marked, etc., * yet it will be observed that all packages, outside or other, containing any imported merchandise must be so marked, etc.,
2. In the case of champagne wines, mineral waters, etc., in labeled bottles, the law will be substantially complied with if the outside packages are marked with the name of the country of origin.
3. In the case of small articles which cannot be readily marked, the marking of the inside cartons and outside packages will be sufficient.
4. Sheets of zinc, tin-plate, and similar articles, which are not usually stamped, except to indicate gauge, etc., may be admitted to entry if the packages containing the same are marked, stamped, etc.
5. In the case of bottles with more than one label containing imported goods, the law will be complied with if but one of the labels thereon bears the name of the country of origin.
6. The prefix "fronı” placed before the name of the country of origin, as, for instance, " from France," " from Germany, etc., is not essential, the law requiring simply the name of the country of origin to appear.
7. In the case of marking of bags containing muriate of potash, guano, and other like articles, where the marks are likely to become obliterated owing to the goods absorbing moisture while on the voyage of importation, the sweating of the bags, and handling, etc., before reaching destination,
the shipper, importer, consignee, or agent, should see that such marking shall, by some one of the means required by the law, appear indelibly on the bags at the time of importation.
8. Labels, etc., specifying the place of manufacture, and not the country, as, for instance, “ Paris, * London, Berlin," etc., do not comply with the law, and such name of the city of origin in addition to the name of the country of origin is not necessary.
9. In the case of watches which are ordinarily stamped, etc., name of the country of origin should appear thereon; and it is held that in the case of such importations from Switzerland, for
instance, the word “Swiss" will meet the requirements of the law.
10. Fire-brick and other like rough articles imported in bulk need not be marked.
11. Goods coming from England, Scotland, Ireland, and Wales may be marked "Great Britain,” but goods marked “England,"
Scotland,” etc., would not be excluded. It is held, however, that the name of the mother country of origin appearing on goods instead of the names of kingdoms, states, or divisions of countries, would more closely meet the requirements of the law.
12. Wool and other articles produced in the East Indies, Africa, etc., but shipped from ports in Europe should be marked with the name of the country of origin.
13. In the case of surgical instruments, physicians' supplies, chemical apparatus, and other similar articles which are usually packed in cartons, it will suffice if the cartons and outside packages containing the same are marked with name of the country of origin.
14. Articles and packages may be marked either by stamping, branding, or labeling, as the party may choose.
15. In the case of pencils, steel pens, tooth brushes, licorice stick, common crockery, etc., the law will be complied with if the cartons and packages containing the same are marked. Modified by T. D. 10714, page 288.
16. Lead and tin in pigs, which is ordinarily and usually marked, etc., should also be marked with name of the country of origin.
18. The law does not require the name of the importer, shipper, or maker, to be marked, stamped, etc., on imported articles or packages.
19. Marking by stenciling with some indelible material would be a compliance with the law.
20. It is held that the word “Scotch” appearing on goods coming from Scotland would be sufficient under this section.
21. In the case of kid gloves the law will be complied with if the name of the country of origin is made to appear on the bands surrounding a number of pairs of gloves, and not on each individual glove.
22. The placing of labels on anvils and other like article, giving the name of the country of origin; the abbreviation “Eng.,” as indicating England; the placing of the name of the country of origin on bands inclosing bundles of metal bars, would be ad. missible under the law, and goods coming from any of the islands of the West Indies may be marked “West Indies. CIRCULAR No. 14 OF TREASURY DEPARTMENT, JANUARY 28, 1891.
(T. D. 10637.) 1. Packages containing beer manufactured in Germany, of German malt and Austrian hops, should be marked "Germany,” as indicating the country of origin of the article, it being the opinion of the Department that the provisions relate to the manufactured article as a whole, and do not contemplate a consideration of the different ingredients of an article for the purpose of such marking, stamping, branding, etc.
2. The provisions of this section do not contemplate the marking of coverings of crude or other substances of a moist or deliquescent nature, like certain kinds of sugar in mats, etc., where the permanent marking of the packages by any means whatever would be totally impracticable.
3. All foreign manufactured articles, dutiable or free, which are
"usually or ordinarily marked stamped, branded, or labeled” are required to be marked, etc., with the name of the country of origin.
5. Bundles of jute secured by ropes may be marked by means of tags, and, to avoid any question at the custom-house on entry of such and similarly imported goods, such as hides, skins, etc., it might be well to have them so tagged; but, in the opinion of the Department, this section does not regard such tying up of articles by ropes as constituting “packages containing * * imported articles." Loose hides, being unmanufactured articles and not contained in packages, do not require marking.
6. All packages of sugar should be marked with the name of the country of origin, unless, as in the case of certain sugars in mats, etc., such marking is totally impracticable. (See paragraph 2.)
7. Castile and other soaps, which are not usually or ordinarily marked, etc., may be admitted to entry, provided the packages containing the same are duly marked.
8. Books, newspapers, pamphlets, maps, charts, engravings, sheet-music, and other printed matter, not being articles such as are “usually or ordinarily marked,” etc., may be admitted to entry provided the cartons, boxes, wrappers, or coverings, etc., containing the same are duly marked.
9. Goods, which may bear foreign printed labels, may be relabeled, or the labels may be amended to meet the requirements of this section, thus obviating the destruction of the original labels, or the substitution of new packages.
10. The provisions of this section will be complied with if the bales or crates containing imported baskets are duly marked, unless it is customary to mark the individual baskets.
11. Molasses imported in bulk in tanks, and pumped out into other receptacles on importation, is necessarily excluded from the provisions of this section.
12. The provisions of this section as to the marking of packages of manufactured and other articles, with the name of the country of origin, applies to the country of origin of the contents, and not of the packages.
13. In case of importation of goods from Germany, Austria, etc., the law will be complied with if the goods are marked “German manufacture, Austrian manufacture,' etc.
14. Pumice-stone and marble in blocks, being unmanufactured articles and imported without coverings, do not require marking, etc.
15. Rags, although manufactured articles, cannot of themselves be marked, but the packages containing the same should be duly marked with the name of country of origin of the goods, as rags per se, and not of the original cloths.
17. Samples of manufactured articles, if ordinarily marked, must be marked the same as other imported articles.
18. The country of origin of imported manufactured articles, and of all packages containing any goods, is to be indicated by the name of the country only. The name “Paris,” for instance, occurring on goods would not indicate that the goods were of French origin, as there are several places in the world bearing the name of Paris. “France would be the only proper marking for goods of French origin, etc.
19. The fact that raw sugars may be melted at the refinery a few
hours after entry cannot operate to do away with the marking of the packages containing the same.
20. Grindstones, which are not ordinarily marked, and are imported without coverings, do not require marking.
22. Cigar boxes, being boxes which are ordinarily marked, ect., should be marked, stamped, branded, or labeled in legible English words.
23. Sap-sago cheese, which it appears is marked by means of an impression on the cakes, should bear the additional marking of the name of the country of origin.
24. Logs of wood, being unmanufactured articles, do not require marking, whether they are usually or ordinarily marked or branded or not.
26. Liquids of themselves being of course incapable of being marked, stamped, etc., the packages containing the same must be marked, and it is held that the marking of the outside packages will be sufficient. (See paragraph 2 of Circular No. 136 of December 20, 1890, supra.)
27. This section does not contemplate, in the case of pickles, and other like articles composed of various ingredients, that the name of the country of origin of such ingredients shall appear on the packages, but simply the name of the country of origin of the manufactured article as a whole.
28. The law does not require that invoices of goods shall exhibit the name of the country of origin of the goods covered thereby.
29. Packages containing meats, seeds, raisins, olive oil, etc., put up in England, but produced in other countries, must exhibit the nanie of the country of origin of such articles.
30. Pig-iron, being in the nature of a rough, unmanufactured article, and imported in bulk, is exempted from the provisions of this section as to marking, stamping, branding, etc.
31. Goods which arrive in the United States and appear by the bills of lading and other documents to be merely intended for transit to Mexico or other foreign country, the same not being importations within the meaning of the statute, do not come within the scope of this section.
32. There is no authority under the provisions of this section for requiring the name of the maker or manufacturer of an article to appear thereon, in addition to the name of the country of origin.
33. Men's women's, and children's garments are not considered such manufactured articles as “are usually or ordinarily marked, stamped, branded, or labeled," under the provisions of this section, and it will suffice thereunder if the packages, wrappers, cartons, or coverings of any kind, outside and inside, containing such articles, are marked in any manner with the name of the country of origin.
ADDITIONAL INSTRUCTIONS. Treasury Department decides that all articles, small or large, including steel pens, &C., which are usually or ordinarily marked, stamped, branded, or labeled, must be "plainly marked, stamped, branded, or labeled, in legible English words, so as to indicate the country of their origin. Paragraph 15 of Circular No. 136, supra, modified accordingly (T. D. 10714, 11898).
Packages containing drugs imported from England should bear the name of the country of origin of the contents; that is, if
gathered in India they should be marked India; if gathered in África the marking should be Africa.
Stamping in diminutive and illegible letters, or in a manner that can be easily removed, not allowed (T. D. 12273). Labels bearing name of country of origin should be securely attached to receptacles of goods (T. D. 11761).
Labels intended for use on domestic products need not be marked, but if the imported package containing such labels be marked the law will be sufficently complied with (T. D. 14089). Abbreviations allowed, such as Eng. for England (T. D. 11749).
Packages containing raw or unmanufactured goods do not require marking (T. D. 15441, 15484).
The requirements of this section not to be enforced at the exterior port for goods under immediate transportation without ap. praisement (T. D. 11906.)
It is only necessary to mark the packages containing paintings and statuary (T. D. 11320).
Buttons on cards, only the cards to be marked (T. D. 12759). Cotton yarn, only the wrappers to be marked (T. D. 12485). Tin foil bottle caps in rolls, only the rolls to be marked (T. D. 11293).
Goods put up in packages of recognized and uniform quantities, a mere inspection of the packages being sufficient to determine the fact of their conformity or non-conformity with the established practice of the trade, require no further indication of the quantity of the contents:—2. g. ordinary bags of coffee and barrels of four, &c. (T. D. 15248, 15250).
Where a deficiency of weight occurs in any package, as compared with the weight marked thereon, if such deficiency is shown to have resulted from natural evaporation, no correction of the weight need be noted on the package (T. D. 15279).
Guns (T. D. 11810); Swords and blades (T. D. 15371); Clocks (T. D): 11128); Cutlery (T. D. 10832, 11749) must be stamped or branded.
The following need not be marked: Soda nitrate in bags (T. D). 11899); sugar in baskets (T. D. 12065); unfinished hosiery (T. D. 13023); bales of manilla fiber (T. D. 11653).
General Regulations T. D. 12395.
Protection to Trade Marks.
Sec. 6. That no article of imported merchandise which shall copy or simulate the name or trade-mark of any domestic manufacture or manufacturer shall be admitted to entry at any custom house of the United States. And in order to aid the officers of the customs in enforcing this prohibition any domestic manufacturer who has adopted trade-marks may require his name and residence and a description of his trade-marks to be recorded in books which shall be kept for that purpose in the Department of the Treasury under such regulations as the Secretary of the Treasury shall prescribe, and may furnish to the Department fac similes of such trade-marks; and thereupon the Secretary of the Treasury shall cause one or more copies of the same to be transmitted to each collector or other