HQ 0732474 - Country of origin marking of casters - 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 > 1991 HQ Rulings > HQ 0731024 - HQ 0732487 > HQ 0732474

HQ 732474
September 14, 1989

MAR-2-05 CO:R:C:V KG 732474

CATEGORY: MARKING

L.J. Wood
Haydock Caster Company
7500 Caldwell Avenue
Niles, Illinois 60648

RE: Country of origin marking of casters

Dear Mr. Wood:

This is in response to your letter of June 12, 1989, concerning the country of origin marking of imported casters which are small swiveled wheels for supporting and moving furniture or other heavy articles. Two samples were submitted for examination.

FACTS:

Your company imports casters from Taiwan. In most cases, the casters are re-shipped to your customers in the cartons that are received from Taiwan. These cartons are clearly marked "Made in Taiwan" as well as the bags in which the casters are shipped. In some cases, the casters are imported without stems and you insert stems to meet the customer's needs. These casters are then shipped in cartons marked "Made in Taiwan". There are no sales at the retail level. The casters are purchased by equipment manufacturers who put the casters on their finished product. Close examination of the sample casters reveals that they are marked with the country of origin imprinted in small letters near the stem of the caster.

ISSUE:

Whether the imported casters must be individually marked with the country of origin in accordance with 19 U.S.C. 1304.

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 United States Court of International Trade stated in Koru North America v. United States, 701 F.Supp. 229, 12 CIT (CIT 1988), "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, 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 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. In accordance with 19 U.S.C. 1304(a)(3)(D), section 134.32(d), Customs Regulations (19 CFR 134.32(d)), excepts from individual marking those articles for which the marking of the containers will reasonably indicate the origin of the articles. The exception applies in cases where the article is imported in a properly marked container and Customs officials at the port of entry are satisfied that the ultimate purchaser will receive it in its original unopened marked container.

In this instance, the casters are imported in cartons marked "Made in Taiwan" and reshipped to your customers in the marked cartons. There are no retail sales and you did not indicate that any casters are sold on a single unit basis or in less than a box quantity. Assuming these conclusions to be accurate, and that the local Customs officials are satisfied that the articles will reach the ultimate purchaser in the properly marked container, the casters are excepted from individual marking pursuant to 19 CFR 134.32(d) as long as your customers receive the casters in these unopened marked cartons.

We note that if the casters were required to be individually marked, the marking must appear on the casters in a more conspicuous manner than it appears on the samples submitted in order to comply with section 134.41, Customs Regulations (19 CFR 134.41). Although the casters are individually marked, we do not believe the country of origin marking is conspicuous. As provided in 19 CFR 134.41, the ultimate purchaser must be able to find the country of origin marking easily and read it without strain. Because the marking is imprinted near the stem in very small letters which are the same color as the caster, the marking is not easy to read or find.

HOLDING:

The casters are excepted from individual country of origin marking pursuant to 19 CFR 134.32(d) as long as the local Customs officials are satisfied that the casters will reach the ultimate purchaser in the properly marked container.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

Previous Ruling Next Ruling