HQ 0733018 - Country of origin marking of shipping labels attached to shipping cartons containing imported goods - 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 0732822 - HQ 0733678 > HQ 0733018

HQ 733018
March 15, 1990

MAR-2-05 CO:R:C:V 733018 KG

CATEGORY: MARKING

Richard G. Seley
Rudolph Miles & Sons, Inc.
4950 Gateway East
P.O. Box 144
El Paso, Texas 79942

RE: Country of origin marking of shipping labels attached to shipping cartons containing imported goods

Dear Mr. Seley:

This is in response to your letter of January 2, 1990, requesting a country of origin ruling regarding shipping labels attached to shipping cartons containing imported goods.

FACTS:

You have clients who put shipping labels on their shipping cartons containing imported goods. The shipping labels direct where the shipping carton should be delivered and indicate where the shipping carton is coming from. You submitted three samples of types of shipping labels used by your clients.

The first sample is about 5 inches by 4 inches. The top of the label says "TO CALHOUN" in letters about 1/2 inch in height. Below that, the label identifies the part number, quantity, manifest and lot. Below this information, is the phrase "Shipped by" and a list of 19 localities. This label is attached to each pallet load of shipping cartons. You also submitted a photograph of a shipping carton which has the shipping label attached to it and a bold prominent country of origin marking identifying Mexico as the country of origin.

The second sample is a shipping label about 4 inches by 9 inches. The label says "SHIP TO: WHITE RODGERS DIV., EMERSON ELECTRIC CO, 9797 REAVIS ROAD, ST. LOUIS MO 63123."

The third sample is a shipping label about 3 inches by 5 inches. The top of the label contains the phrase "SHIP TO - SAGINAW STEERING GEAR GMC," the word "SAGINAW" in lettering 3/4 inches in height, and below that, in smaller lettering "3900 E. Holland Rd., Saginaw, MI 48602." In the lower left-hand corner the phrase "Plant No. 6" is printed.

ISSUE:

Whether addresses on shipping labels attached to shipping cartons containing imported goods trigger the requirements of 19 CFR 134.46.

LAW AND ANALYSIS:

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 of the article. The Court of International Trade stated in Koru North America v. United States, 701 F.Supp. 229, 12 CIT (CIT 1988), that: "In ascertaining what constitutes the country of origin under the marking statute, a court must look at the sense in which the term is used in the statute, giving reference to the purpose of the particular legislation involved. The purpose of the marking statute is outlined in United States v. Friedlaender & Co., 27 CCPA 297 at 302, C.A.D. 104 (1940), where the court stated that: "Congress intended that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will."

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.46, 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. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the article.

In HQ 732329 (July 12, 1989), Customs held that an address on a warranty tag directing the post office where to deliver the warranty tag did not trigger the requirements of 19 CFR 134.46. In this case, all three samples submitted are shipping labels which merely identify the destination and shipping origination of the shipping carton and do not and are not intended to indicate the country of origin of the contents of the carton. The shipping labels described above are similar to the address on the warranty tag; both addresses are intended to identify the address that the mail or container is being sent to and do not connote the origin of the contents of the package. A reasonable ultimate purchaser would not be confused or mislead by such an address and Customs has no intent to interfere with the delivery of mail or packages.

T.D. 86-129, published in the Federal Register on July 9, 1986 (51 FR 24814),which you mentioned in your letter, set forth the policy of Customs relating to country of origin marking requirements for imported footwear. It refers only to shoe boxes containing imported footwear where the name of a country or locality other than the country of origin appears on the imported footwear or shoe box in the context of size references and patent notices. This Treasury Decision has no application to shipping labels placed on shipping containers for the purpose of directing delivery of the shipping container.

HOLDING:

Shipping labels placed on shipping cartons containing imported goods for the purpose of directing delivery of the shipping cartons to the designated location do not trigger the requirements of 19 CFR 134.46.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

Previous Ruling Next Ruling