HQ 0733796 - Country of origin marking of disposable briefs and panties (undergarments) imported in sealed packages for retail sale. 19 CFR 134.24(d)(2); 730910; 732572 - United States International Trade Commision Rulings

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HQ 733796

June 10, 1991

MAR-2-05 CO:R:C:V 733796 GRV

CATEGORY: MARKING

Ms. Ji Wen Tsao
Jit Trading
560 S. Pacific St., Suite B1
San Marcos, California 92069

RE: Country of origin marking of disposable briefs and panties (undergarments) imported in sealed packages for retail sale. 19 CFR 134.24(d)(2); 730910; 732572

Dear Ms. Tsao:

This is in response to your letters of September 18, 1990, and May 30, 1991, requesting a ruling regarding the country of origin marking requirements applicable to disposable briefs and panties (undergarments) packaged in sealed packages. Samples of the merchandise were submitted for examination. In a telephone conversation with a member of my staff on May 30, 1991, you added and clarified certain information which was considered in this ruling.

FACTS:

Your company plans initially to make and package disposable, i.e., designed for one-time use, panties in China. Five under- garments will be packaged together in transparent, ziploc-type polybags in one of two ways: (1) the package will have a paper label insert denoting the country of origin (China), U.S. dis- tributor and its domestic telephone and facsimile numbers (but no address), and other product information, or (2) this information will be printed on both sides of the polybag with the country of origin marking on one side and the U.S. distributor information denoted on the other side. (The undergarments themselves are not marked to indicate their country of origin). After the polybags are filled, the ziploc is closed and the top of the polybag-- approximately 3/4 inch above the ziploc--is heat sealed. Between the ziploc seal and the heatseal at the top of the polybag there is a hole in the polybag so that the package can be hung from a dispensing rack for retail sale. 200 polybags then will be packaged into a carton for export to the U.S. for entry at the port of Los Angeles. The merchandise is designed to be sold in bulk form to supermarkets, hospitals, designer shops, etc., which in turn will sell the packages of 5 undergarments retail to ultimate purchasers.

Regarding the country of origin markings, on those packages which employ the paper insert method of marking, the country of origin marking (Made in China) is printed in the lower right-hand corner of the label in approximately 5-point type (1/16 inch; a point is a unit of type measurement equal to 0.01384 inch or nearly 1/72 in., and all type sizes are multiples of this unit) and is clearly visible and legible; the U.S. distributor informa- tion is printed in the lower left-hand corner of the label in capital letters (JIT TRADING) in approximately 5-point type and is similarly clearly visible and legible. On those packages that have information printed on both sides of the polybag, the country of origin marking (Made in China) is printed on the bottom of the package on one side--ostensibly on the display side of the package--in approximately 7-point type and is also clearly visible and legible.

You seek a ruling letter addressing whether the country of origin markings on the polybags and the paper label inserts for the sealed packages of disposable undergarments meets the marking requirements of 19 U.S.C. 1304.

ISSUE:

Whether the country of origin markings on the polybags and the paper label inserts for the sealed packages of disposable undergarments meets the marking requirements of 19 U.S.C. 1304.

LAW AND ANALYSIS:

The marking statute, 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) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit in such a manner as to indicate to the ultimate purchaser 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. As provided at section 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.

The primary purpose of the country of origin marking statute 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 CCPA 297, 302, C.A.D. 104 (1940). The "ultimate purchaser" is defined generally as the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.1(d). Example (3) of this section provides that if an article is to be sold at retail in its imported form, the purchaser at retail is the "ultimate purchaser."

In HRL 730910 dated September 6, 1988, we considered whether pairs of baby booties, sold in disposable packages which would reach the consumer unopened and that were marked with their country of origin, complied with the country of origin marking requirements. We stated that marking the country of origin on the package rather than the booties themselves complied with section 134.24(d)(2), which provides that:

[d]isposable containers or holders of imported merchandise, which are sold without normally being opened by the ultimate purchaser ..., shall be marked to indicate the country of origin of their contents.

See also, HRL 732572 dated June 7, 1990 (marking of disposable packages of infant socks).

Similarly, in this case, it is clear that the underwear are designed to be sold to the ultimate purchaser only in the plastic packages of five. As evidence of this fact, we note that both packages types are sealed and contain all the information about the product, e.g., "HandiPanti Disposable Panties, 5 Pairs, Hi- Cut Briefs, 100% Nylon, Made in China. The disposable packaging issue in this case is substantially similar to the issues presented in the disposable packaging rulings referenced above. As the country of origin marking is clearly visible and legible, we find that the country of origin marking on either the paper label insert or the sealed polybag itself meets the marking requirements of 19 U.S.C. 1304.

HOLDING:

Based on the information and sample packages submitted, the country of origin markings printed in approximately 5-point type on the paper labels to be inserted into the sealed disposable polybags, or printed in approximately 7-point type on the sealed disposable polybags themselves, appearing clearly visible and legible, meet the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.24(d)(2).

Sincerely,

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