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HQ 732917

May 11, 1990

MAR-2-05 CO:R:C:V 732917 RSD

CATEGORY: MARKING

Mr. Bruce A. Bell
W. N. Proctor Company, Inc.
115 Broad Street
P.O. Box 192
Boston, Massachusetts 02101

RE: Country of origin marking of imported ceramic houseware and kitchenware articles

Dear Mr. Bell:

This is in response to your letter of November 17, 1989, requesting a country of origin ruling regarding imported ceramic houseware and kitchen articles. We regret the delay in responding.

FACTS:

Your client, Boston Warehouse Trading Corporation, intends to import a number of ceramic houseware and kitchenware articles. A sample cheese grater in a decorative box was submitted. The country of origin of this article is Taiwan, but you indicate that the country of origin for the other products might be different. The importer intends only to mark the box with the country of origin and not the actual article itself.

The box which contains the cheese grater is marked on the bottom panel in white lettering "MADE IN R.O.C." On the same line, also in white lettering, the words, "CHEESE GRATER/MODEL NO. 02-CHG" appear. On the next line, the name of the company "BOSTON WAREHOUSE TRADING CORP." appears in black lettering. The country name Taiwan is found on a third line also in black lettering. On one side panel of the container there is another reference to the company name "BOSTON WAREHOUSE."

You further state that Boston Warehouse Trading corporation is a Massachusetts company that has been doing business under that name since 1982.

ISSUES:

Must the article be marked with the country of origin if the container is marked?

Is the country of origin marking on the bottom of a container with the initials of R.O.C. acceptable marking?

Whether the appearance on a container of the company name "Boston Warehouse Trading Corporation" invokes the requirements of 19 CFR 134.47?

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. Congressional intent in enacting 19 U.S.C. 1304 was 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." United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940).

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)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d), if the marking of a container of such article will reasonably indicate the origin of such article. It appears that the sample ceramic cheese grater will be sold to the ultimate purchaser in the box because of the elaborate design of the box and because it could easily break if not boxed. In addition, significant product information appears on the box. Accordingly, if Customs officials at the port of entry are satisfied that the ceramic cheese grater and other similar imported articles will remain in the marked boxes until they reach the ultimate purchaser, the articles may be excepted from individual marking under this provision.

However, upon examination of the proposed country of origin marking on the sample carton, we find that it is unacceptable. First, an abbreviation, "R.O.C.," is used to indicate the country of origin. "R.O.C." presumably is used for the Republic of China. In T.D. 80-253 (October 16, 1980), Customs ruled that with respect to articles from Taiwan, the words "Republic of China" or the initials "ROC" by themselves do not denominate a government or state recognized by the U.S. Articles manufactured or produced in Taiwan must bear the official country
of origin marking "Taiwan" or "Made in Taiwan." Customs has also determined that although "Republic of China" or "ROC" shall not be accepted as country of origin markings, they will not cause such articles to be inadmissible so long as the official marking "Taiwan" or "Made in Taiwan" appears thereon preceding these other markings. (see HQ 713245, July 25, 1980).

Although a "Taiwan" marking also appears on the box, it does not precede the "R.O.C." reference as required by HQ 713245. In addition, the marking appears on the bottom of the box and is not conspicuous within the meaning of 19 CFR 134.41(b). Customs has previously ruled that the bottom of a box is not a conspicuous location for a country of origin marking. (See HQ 732579, March 27, 1990). The country of origin marking must appear in a conspicuous location such as the top or the side of the box.

Finally, the "Taiwan" marking does not satisfy the requirements of section 134.47, Customs Regulations (19 CFR 134.47). This section requires that when as part of a trademark or trade name or as part of a souvenir marking the name of a location in the U.S. or "United States" or "America" appear, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by "Made in," "Product of," or other similar words, in close proximity or in some other conspicuous location. It has been asserted that "Boston Warehouse Trading Corporation" is a trade name. Copies of letterhead and product lists which have printed on them the name "Boston Warehouse" or "Boston Warehouse Trading Corporation" have been submitted as evidence of use of the trade name. Based on this evidence, we conclude that the importer is doing business under the name Boston Warehouse Trading Corporation or Boston Warehouse, and it would qualify as a trade name. Because this trade name contains the name of a U.S. city, if it appears on the article or its container, the requirements of 19 CFR 134.47 are triggered. Accordingly, the country of origin of the article must also appear on the container in a conspicuous location preceded by the words "Made in," "Product of," or other similar words. In this case neither requirement of 19 CFR 134.47 is satisfied. The Taiwan marking is not preceded by words such as "Made in" or "Product of" and it is not conspicuous.

HOLDING:

If Customs officials at the port of entry are satisfied that the articles described above will be sold to ultimate purchasers in their original boxes which are marked with the country of the contents the articles may be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32.(d). However, the "Taiwan" marking on the bottom of the box is not conspicuous. In addition, if the abbreviation "R.O.C." or "Republic of China" appears on the container, the country name "Taiwan" or the words "Made in Taiwan" must be adjacent to the abbreviation "R.O.C." or "Republic of China" for the marking to be acceptable. Finally, because "Boston Warehouse Trading Corporation" appears on the container, the requirements of 19 CFR 134.47 are invoked. The proposed marking, "Taiwan" does not meet the requirements of 19 CFR 134.47 and is unacceptable because the marking is on the bottom of the container, a location, which is not conspicuous and it is not preceded by words such as "Made in" or "Product of."

Sincerely,


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