I received the following responses to my article, The Ultimate Bull: Country of Origin Marking. It's amazing how a tiny black stress bull can generate such an outpouring. I thank in particular two authors (who will remain anonymous) for keeping the flame of interest burning and for demonstrating that all of us, including the Government, have a little bull inside of us.
Here's their comments:
Re: The Ultimate Bull: Country of Origin Marking
At the risk of adding to your stress, may I point out another special marking concern. From the picture, it appears that the bull's back is stamped with the marking: "USDA APHIS PPQ, Dallas, Texas." This might lead one to mistakenly believe that this is just local bull.
Section 134.46 of the Marking Regulations provides that "[i]n 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 other than the 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 of origin preceded by 'Made in,' 'Product of,' or other words of similar meaning.
CBP would likely have a beef with this imported bull.
Oscar, I enjoyed your article on the PPQ tiny black stress bull, and I’ve been presented with give-aways by CBP itself at the Trade Support Network plenary sessions that were not legally marked, but in this case the transgression is much worse than you indicated. The goods do not fall into the category of NLM, but rather are deceptively marked. See 19 CFR 134.46. You also forgot in your article to indicate in which title your citation applied.
Principal and a founding member of GRVR Attorneys.