HQ 0732060 - Electric cookware; accompanying brochures - 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 0731902 - HQ 0732330 > HQ 0732060

HQ 732060

October 25, 1989

MAR 2-05 CO:R:C:V 732060 pmh

CATEGORY: MARKING

Mr. Gary Mylin
Mittlestaedt, Galaviz & Mylin
214 Front Street
San Francisco, CA 94111

RE: Electric cookware; accompanying brochures

Dear Mr. Mylin:

This is in response to your January 9, 1989 letter regarding the marking of imported electric cookware and of imported catalogues or brochures accompanying these products. In addition, you have submitted for our review four sample cartons in which the cookware will be sold at retail.

FACTS:

According to your letter, the subject cookware is made of aluminum and stainless steel. It is manufactured in Hong Kong, the Peoples Republic of China and Taiwan. You wish to know whether the cookware must be die sunk or etched with the country of origin or whether it is sufficient to mark it by means of an adhesive label. You note that some of the pieces of cookware will be imported in "sets" such as double boilers, steamers and pots with lids, and wish to know whether each individual piece in a "set" must be marked with the country of origin.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S., 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 U.S. the English name of the country of origin.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. 19 CFR 134.41(a) states that the marking of the country of origin be legible, indelible and permanent...and that as a general rule, marking requirements are best met by marking worked into the article at the time of manufacture. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), holds that the degree of permanence of a marking should be at least sufficient to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article until it reaches the ultimate
purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling. The ultimate purchaser in the United States must be able to find the marking easily and read it without strain.

MARKING REQUIREMENTS FOR IMPORTED COOKWARE

In Ruling 714563, dated December 1, 1980, Customs held that marking aluminum cookware by means of a pressure sensitive label is an acceptable method of marking if such label satisfies the requirements set forth above. Likewise, in this case, a pressure sensitive label, conspicuously bearing the name of the country of origin, would be an acceptable method of marking the imported cookware if it is affixed in a conspicuous place and so securely that unless removed it will remain on the article, while it is in storage or on display, and until it is delivered to the ultimate purchaser.

You further inquire about the marking requirements for "sets" of cookware, such as pots with lids, steamers and double boilers. It is our opinion that each piece, in sets such as these, does not have to be marked. In Ruling 712766, dated April 14, 1980, Customs ruled that certain cookware sets, such as covered dishes consisting of two pieces, are considered to be a single article and only one piece need be marked with the country of origin. Customs distinguished such sets from larger sets and noted that in a set of dinnerware, for example, each piece would have to be individually marked. In the case at hand, we find that the "sets" you have described generally consist of two pieces, both of which will be used for a single purpose and will always be sold together. Consequently, we find that these sets may be considered a single article for the purpose of country of origin marking and that only one of the pieces has to be marked with the country of origin.

If the lids are imported separately and not along with the pot, then they are not imported as a single article. It is not clear that when the individual pieces are combined for retail that at least one of the pieces will be marked with the country of origin. Therefore, if the lids are imported separately and without the pots, they are each required to be marked with the country of origin.

MARKING OF RETAIL CONTAINERS

You have submitted four sample cartons, in which the cookware is sold at retail, for our review. Two of the cartons are for your client, Meyer Corporation and two of the cartons are for your client Le Cook's-Ware, Inc. The first carton is approximately 10" by 10" by 8" deep (sample #1). It is the retail container for a teapot and bears a picture and a description of the article on each side of the carton. The words Meyer, San Francisco" also appears on each side of the box in letters approximately 1/2"-1" in size. The words "Made In Hong Kong" are printed on the bottom of the box in letters approximately 1/8" in size. The second carton is similar to the first but is the retail container for an omelet pan (sample #2). The carton measures approximately 15" by 8" by 3" deep. It bears a picture of the product along with product information on each side. The words "Meyer, San Francisco" appear on the side and end panels. The words "Made In Hong Kong" are printed on one end panel of the box in letters approximately 1/16" in size.

The third and fourth sample cartons are for retailing products of your client Le Cook's-Ware, Inc. One carton measures approximately 12" by 6" by 4" deep and is the retail container for a pot with lid (sample #3). It bears the name and picture of the product on two sides of the box and product information on the two end panels of the box. Also on the two end panels of the box, the name "Le-Cook's Ware, Inc." and a domestic address is printed just below the words "Le-Cook's Ware, Inc., London, San Francisco, Hong Kong." The words "Made In Hong Kong" appear on a separate panel of the box. The last sample is a retail container for a Le-Cook's Ware Skillet and is marked exactly the same as the other Le-Cook's Ware container, described above (sample #4).

We find that each of the sample cartons fails to comply with the country of origin marking requirements. Section 134.46 of the Customs Regulations (19 CFR 134.46), requires that when the name of any city or locality in the U.S., other than the name of the country or locality in which the article was manufactured or produced, appears on an imported article or its container, 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 (emphasis added). Customs
has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the U.S. locality appears (HQ 708994, dated April 24, 1978).

Three of the sample retail cartons bear the name of the country of origin on a separate panel from that on which the name of the U.S. locality appears. Only sample #2 bears the name of the country of origin on the same side as the name "San Francisco." However, the name "San Francisco" appears on two other sides of the box without the name of the country of origin. Consequently, we find all the samples unacceptable. The purpose of section 134.46, Customs Regulations (19 CFR 134.46), is to prevent the possibility of misleading or deceiving the ultimate purchaser. In this case it is our opinion that an ultimate purchaser in the U.S. would be so mislead and believe that the cookware was manufactured in the U.S.

MARKING REQUIREMENTS FOR CATALOGUES AND BROCHURES

Lastly, you wish to know the marking requirements for catalogues and brochures promoting the various pieces of imported cookware. These materials are printed in Hong Kong and you have submitted two catalogues and two brochures for our review. Customs has held that imported advertising brochures and flyers, to be distributed without charge by the importer to prospective customers of the importer's business, are subject to country of origin marking requirements under 19 U.S.C. 1304. (See HQ 723488, dated October 31, 1983.) Customs reasoned that recipients (i.e., the customers of the importer) of a brochure used for self-promotion were the ultimate purchasers and that, therefore, the brochure or flyer would have to be marked individually with the country of origin. (See HQ 728335, dated August 2, 1985.) Therefore, we find that the advertising brochures and catalogues in this case must be marked with the country of origin in compliance with the statutory requirements.

With regard to the placement of the marking,Customs has held that a country of origin markingshould be placed on the frontor the back page of a catalogue or brochure and should be printed in such a size and manner as to be readily seen without strain by the ultimate purchaser. (See HQ 729820, dated February 2, 1987.) In addition, section 134.46, Customs Regulations (19 CFR 134.46), requires that the name of the country of origin appear in close proximity to the name San Francisco which appears on the front page of the two catalogues for Meyer Corporation.

We hope this information is helpful to you. If we can be of further assistance to you in regard to this or any other Customs matter, please feel free to contact us again.

Sincerely,

Marvin M. Amernick

Previous Ruling Next Ruling