HQ 0731686 - Country of origin marking requirements applicable to a sunglass case - United States International Trade Commision Rulings

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HQ 731686

April 12, 1989

MAR-2-05 CO:R:C:V 731686 jd

CATEGORY: MARKING

Ms. Ruth Kroboth
Associated Customshouse Brokers, Inc.
One Airport Way, Suite 205
P.O. Box 22670
Rochester, New York 14692

RE: Country of origin marking requirements applicable to a sunglass case

Dear Ms. Kroboth:

This is in reply to your letter of August 10, 1988, concerning the country of origin marking requirements applicable to a sunglass case.

FACTS:

According to your submission, you have a client that intends to import sunglass cases from Mexico. The cases are assembled in Mexico from U.S. components.

A sample case was submitted and is described as follows: the case consists of an outer layer of leather-like material with a plastic insert into which a sunglass, or any pair of glasses of similar shape, may be placed when the temples are folded closed. A flap with a velcro closure is used to secure the sunglasses in the case. On the outer front side of the case is a plastic disc with the brand name of the sunglasses, the company name and a logo advertising the 50th anniversary of either the company or the brand. Looking down into the case, there appears in raised lettering on the plastic insert the words "PATENT PENDING." The letters are approximately 1/8 inch high and are the same color as the rest of the plastic used in the insert. You wish to know if marking requirements would be satisfied by adding the words "CASE MEXICO" in similar raised lettering to the left of the patent notice.

ISSUE:

Would country of origin marking appearing in the location described above satisfy the requirement that country of origin marking appear in a conspicuous place?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19

U.S.C. 1304), generally 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 container) will permit in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article.

Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), states in reference to country of origin markings, "The ultimate purchaser must be able to find the marking easily and read it without strain." Section 134.1, Customs Regulations (19 CFR 134.1), in illustrating who may be an ultimate purchaser states that if an article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser; if an imported article is to be distributed as a gift the recipient is the ultimate purchaser. The idea of an article being given as a gift has been interpreted to include items that are given to someone because they are purchasing another article or service, such as umbrellas being given to persons purchasing admission to a racetrack (see Pabrini, Inc., v. United States, Slip Op. 86-21, CIT 1986).

It is the opinion of this office that the recipients of these sunglass cases, whether receipt is by separate purchase or by virtue of purchasing sunglasses and receiving a complementary case, are the ultimate purchasers of the cases and therefore entitled to country of origin information. A sunglass case is a separate and distinct article from the sunglass it is designed to protect.

The marking you have proposed is not adequate in that it would not be easily found by an ultimate purchaser. We assume that in many instances the case would be delivered with sunglasses inside and this would completely block any marking displayed in the location you suggested. Even if the case were delivered, we still believe marking on the bottom of the insert would not be easily found.

We believe marking on the inside of the flap would be in a conspicuous location and be easily found by an ultimate purchaser. This comports with our ruling 707788 (May 4, 1977), wherein we stated marking of a computer case could be, "by means of a label sewn to a seam inside the case in such a manner that it will be readily visible to an ultimate purchaser who opens the case. The label should be affixed towards the top of the pouch where it will be more readily visible than it would be towards the bottom." By referring to this ruling we are not requiring you to use a sewn in label (although that would certainly be acceptable). An ink stamp in contrasting color ink or an adhesive label of sufficient permanency to remain on the case until receipt by the ultimate purchaser would be acceptable methods. You choice of words, "CASE MEXICO" is acceptable.

HOLDING:

In accordance with the above discussion, country of origin marking at the bottom of a sunglass case as proposed is not acceptable. Country of origin marking must appear in a conspicuous location where it can be easily found and read without strain.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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