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HQ 732237

August 24, 1989

MAR 2-05 CO:R:C:V 732237 pmh

CATEGORY: MARKING

Ms. Lynnette Keffer
Jones & Klink Corp.
P.O. Box 91317
Los Angeles, CA 90009

RE: Country of origin marking requirements for imported telephone linemans test sets

Dear Ms. Keffer:

This is in response to your letter of November 9, 1988, on behalf of Dracon Division, the importer, requesting a ruling on the country of origin marking requirements for imported telephone lineman test sets. We regret the delay in responding to your request.

FACTS:

According to your letter, and a telephone call between a member of my staff and Jeff Nelson of your office, the importer is presently manufacturing telephone linemen test sets in the U.S., but plans to import them from Taiwan in the future. The test sets will be imported individually packaged in cardboard boxes. You have enclosed a copy of one side and the end panel of the box and Mr. Nelson has confirmed that these copies represent the actual size of the box panels. The end panel measures approximately 4 and 1/2 inches high and 3 and 1/2 inches wide. The words "Harris/Dracon CRAFT TEST SET" appear at the top of the panel; three model numbers and the space for a date code are listed directly below the name. At the bottom of the panel, in lettering approximately 1/4 inch in size, appear the words "Made in Taiwan." (We note that the words "Camarillo, Calif." presently appear on the box; Mr. Nelson has informed us that these will be replaced by the words "Made In Taiwan.")The side panel measures approximately 12 inches long and bears the product name. Mr. Nelson has further confirmed that the test kits will be imported and sold only in these individually marked containers directly to various U.S. telephone companies.

ISSUE:

Whether imported telephone lineman test kits may be excepted from marking pursuant to 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d).

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles 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 of the article. Pursuant to 19 U.S.C. 1304(a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), an exception from individual marking is applicable where the marking of the container of such article will reasonably indicate the origin of the article. This exception is normally applied in cases where the imported article(s) is imported in a properly marked container and Customs officials at the port of entry are satisfied that the ultimate purchaser, i.e., the last person in the U.S. to receive the article in the form in which it was imported, will receive it in its original unopened marked container.

In this case, we consider the U.S. telephone companies who utilize the test kits to be the ultimate purchasers. So long as the test kits are imported and sold only in the marked containers as described above, and Customs officials at the port of entry are satisfied that the marking is legible, permanent and conspicuous and that telephone companies will receive them in this fashion, we are of the opinion that the proposed marking satisfies the statutory requirements.

HOLDING:

Telephone lineman test kits that are imported and sold only in properly marked containers as described above, may be excepted from individual marking pursuant to 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d).

Sincerely,

Marvin M. Amernick

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