HQ 0731406 - Country of origin marking requirements for paired rubber, non-medical, utility gloves - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0730951 - HQ 0731491 > HQ 0731406

HQ 731406

June 15, 1988

MAR-2-05 CO:R:C:V 731406 lw

CATEGORY: MARKING

Mr. Homer A. Gregory, Jr.
Manager of FDA Relations
Smith & Nephew Medical
1875 Harsh Ave. S.E.
Massillon, Ohio 44646-7719

RE: Country of origin marking requirements for paired rubber, non-medical, utility gloves

Dear Mr. Gregory:

This is in response to your letter of April 28, 1988, requesting a ruling on country of origin marking requirements for paired rubber, non-medical, utility gloves.

FACTS:

The glove pairs are individually packaged and imported in shipping cases marked with your company name, address, and "Made in Spain," in accordance with the marking law and regulations. The cases of gloves are sold to hospitals and other health care institutions and the glove pairs distributed to the institutions' employees free of charge. In ruling 729800, dated October 10, 1986, Customs advised your company that if the articles are sold to these institutions exclusively in the shipping cases and the articles are distributed to employees free of charge, only the cases need be marked with the country of origin. Your company wishes to place the name and address of the company on the individual packages.

ISSUE:

If the ultimate purchaser receives properly marked cases containing individually packaged gloves which the ultimate purchaser distributes to employees without charge, must the importer mark the country of origin on each individual package if the importer plans to put his company's name and address on each package?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930 as amended (19 U.S.C.1304), requires that every article of foreign origin (or its container) imported into the United States 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 the English name of the country of origin of the article.

Section 134.32(d), Customs Regulations (19 CFR 134.32(d)), provides that articles for which the marking of the containers will reasonably indicate the origin of the articles, are excepted from the country of origin marking requirements.

Section 134.36(b), Customs Regulations (19 CFR 134.36(b)), provides, however, that an exception from marking shall not apply to any article or retail container bearing any words, letters, names, or symbols described in 19 CFR 134.46 or 19 CFR 134.47 which imply that an article was made or produced in a country other than the actual country of origin. Section 134.46, Customs Regulations (19 CFR 134.46), provides, in essence, that when ..."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 locality in the U.S., 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...," the country of origin must appear legibly and permanently, in close proximity to those words, and in at least a comparable size, preceded by "made in," "product of," or other words of similar meaning.

HOLDING:

Placing your company's name and address on the individual packages of gloves would imply that the gloves were made other than in the country of origin, and therefore would violate the marking regulations. To comply with country of origin marking requirements the country of origin would have to be placed conspicuously and in close proximity to your company name and local address on each individual package in accordance with section 134.46, Customs Regulations.

In the alternative, marking only the cases, and leaving the individual packages plain without your company's name and address would comply with marking requirements as previously ruled.

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling