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HQ 732579

March 27, 1990

Mar-2-05 CO:R:V:C 732579 RSD

CATEGORY: MARKING

District Director of Customs
International Street and Terrace Avenue

Nogales, Arizona 85621

RE: Country of origin markings on cartons containing ribbon cartridges used in typewriters and word processing equipment

Dear Sir:

This is in response to your letter of July 20, 1989, forwarding an internal advice request submitted by counsel for Xerox Corporation, Sumex Division, requesting a ruling on the country of origin marking on cartons containing ribbon cartridges used in typewriters and word processing equipment. We regret the delay in responding.

FACTS:

Upon examination of typewriter ribbon cartridges, Customs determined that the country of origin marking on the underside of the larger master cartons in which the ribbons were packed was not conspicuous because it was not readily visible to ultimate purchasers.

The ribbon cartridges are packaged in individual cartons, which are specially designed with tabs so that they can be hung on a pegboard type display. The cartons that contain the individual ribbon cartridges are marked on one side panel in lettering all of the same size with the following:

Xerox Corporation
Rochester, N.Y. 14644
Assembled in Mexico

The cartons containing individual ribbon cartridges are packaged in larger master cartons containing six or twelve individual ribbon cartridges. The master cartons contain the identical country of origin marking on the bottom or underside of each carton and in no other location. Samples of the two types of cartons in which the typewriter ribbon cartridges are packaged were submitted for examination.

ISSUES:

1. Are the cartons containing individual ribbon cartridges properly marked?

2. Are the master cartons properly marked?

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 (or its container) shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), provides that the marking of an imported product must be conspicuous enough so that the ultimate purchaser will be able to find the marking easily and read it without strain. To prevent confusion and possible deception of ultimate purchasers, section 134.46, Customs Regulations,(19 CFR 134.46), requires that in any case in which the name of a city, locality, or country other than the country of origin of the article appears on the article or its container, the words "made in," "product of," or other words of similar meaning shall also appear in close proximity to such words and in lettering of at least comparable size.

After consideration of the sample carton containing the individual ribbon cartridges, it is our opinion that the country of origin marking satisfies the requirements of 19 CFR 134.46. The words "Assembled in Mexico" are in close proximity and in comparable size to the name of the U.S. city mentioned, "Rochester, N.Y." The marking on the side panel is also easy to find and easy to read and therefore satisfies the requirements of 19 CFR 134.41(b).

However, because the cartridges may also be sold to ultimate purchasers in the master cartons and the ultimate purchaser may not open the master cartons prior to purchase, these cartons must be properly marked with the country of origin. Upon examination of the sample master carton, we conclude that the country of origin marking on the bottom of the master carton, is not acceptable because it is not conspicuous. First, the master carton is likely to be stacked on a shelf so that the bottom of the carton will not be visible to consumers. Second,
all the pertinent information about the product is contained on the side panels of the box. Therefore, it is unlikely an ultimate purchaser would invert the boxes and see the country of origin information. Finally, in HQ 732809, December 20, 1989, a ruling regarding the marking of boxes, Customs noted that the bottom of a box was not a conspicuous location. In that case, the bottom of a box contained a Box Maker's certificate with a U.S. reference. Customs noted that the location of the certificate on the bottom of the carton places it at a significant distance from the view of an ultimate purchaser. Due in part to its inconspicuous location, Customs found that the U.S. reference did not trigger the requirements of 19 CFR 134.46. Based on the above considerations, we find that the country of origin marking on the master carton on the bottom is not easy to find and is, therefore, not conspicuous.

Please be advised that the words "Assembled in Mexico" are an acceptable country of origin designation only if the ribbon cartridges are eligible for entry under subheading 9802.00.80, Harmonized Tariff Schedule of the United States (HTSUS). See 19 CFR 10.22 and HQ 731507, October 17, 1989.

HOLDING:

The country of origin marking on the individual cartridge ribbon cartons satisfies the requirements of 19 CFR 134.41(b) and 19 CFR 134.46 and is acceptable. The country of origin marking on the bottom of the master cartons is not conspicuous and does not satisfy the requirements of 19 U.S.C. 1304 and 19 CFR 134.41(b).

Sincerely,


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