HQ 0733659 - Country of origin marking on a plastic bag closing device called a "TWIXIT! clip"; 19 CFR 134.41(b) - United States International Trade Commision Rulings

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HQ 733659

August 20, 1990

MAR-2-05 CO:R:V:C 733659 RSD

CATEGORY: MARKING

Mr. Jim Davidson
Larand International, Inc.
506 Kenny Road
St. Paul, Minnesota 55101

RE: Country of origin marking on a plastic bag closing device called a "TWIXIT! clip"; 19 CFR 134.41(b)

Dear Mr. Davidson:

This is in response to your letter dated July 20, 1990, requesting a ruling on the country of origin marking of plastic bag closing devices called "TWIXIT! clips" made in Sweden. Samples of the these plastic clips were submitted for our review.

FACTS:

Your company intends to import a newly designed plastic bag closing device called the "TWIXIT! clip" from Sweden. These clips come in several different sizes and colors. The clips open and close in a hinge like manner and click when they are shut. The country of origin marking, "MADE IN SWEDEN," is on the interior section of each clip in small raised letters and in the same color as the background on which they are imposed. In your letter, you indicate that the plastic clips were marked in this position to take advantage of an extremely smooth surface, which would produce the most readable and clearest text possible. Because the exterior of the clip is of textured plastic, when the country of origin marking, "MADE IN SWEDEN" was attempted to be put on the exterior surface of the clip, it became blurred. The clips will be packaged in blister packs.

ISSUE:

Is the country of origin marking on the interior of plastic bag closing clips sufficiently conspicuous to satisfy the country of origin marking requirements?

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). C.A.D. 104 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S, is able to find the marking easily and read it without strain. That section further provides that the degree of permanence should be at least sufficient to insure that in any reasonably foreseeable circumstance the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed.

Although the country of origin markings for the samples submitted are not in the most conspicuous location and they are in the same color as the background upon which they are imposed, neither 19 U.S.C. 1304 nor its implementing regulations found in 19 CFR part 134 require that the country of origin marking be placed in the most conspicuous location of an article or in a contrasting color. Upon examination of the samples and their country of origin markings, we find that an ultimate purchaser reasonably could be expected to examine the clips and open them prior to purchase. Once the clip is opened, the marking can be easily found and read without strain. Therefore, the country of origin markings on the samples meet the requirements of 19 CFR 134.41(b) for conspicuousness and are acceptable under 19 U.S.C. 1304. In addition, because of the type of plastic involved, it may difficult to put a legible country of origin marking on the exterior surface of the clips. We note however, that if the clips are sold to the ultimate purchaser in blister packs so that the ultimate purchaser cannot examine the clips prior to purchase, in accordance with 19 CFR 134.24(d)(2) concerning the marking of sealed containers, the blister packs must also be properly marked with the country of origin of the clips.

HOLDING:

The country of origin marking on the samples submitted satisfies the requirements of 19 CFR 134.41(b) and is acceptable under 19 U.S.C. 1304.

Sincerely,

Marvin Amernick

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