HQ 0733812 - Country of origin marking of digital door locks. 19 CFR 134.41(b); 19 CFR 134.46; 732572 - United States International Trade Commision Rulings

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HQ 733812

January 31, 1991

MAR-2-05 CO:R:C:V 733812 EAB

CATEGORY: MARKING

John M. Poole, E.V. President
John A. Steer Co.
28 South Second Street
Philadelphia, Pennsylvania 19106

RE: Country of origin marking of digital door locks. 19 CFR 134.41(b); 19 CFR 134.46; 732572

Dear Mr. Poole:

This is in reply to your letter dated September 21, 1990, on behalf of Door Systems, Inc., in which you request a ruling on the proper country of origin marking of foreign-made digital door locks and their retail container/s.

FACTS:

According to your submission, Door Systems, Inc. sells digital door locks to "Government Contractors", locksmiths and by mail order. The locks are foreign made. Your inquiry addresses locks specifically made in Japan. You have submitted a sample lock in its retail package. The country of origin of the lock is indicated by the phrase "Made in Japan" die-stamped on the back of the lock. On the container appears the following: "DOOR SYSTEMS, INC. HATBORO, PA 19040 MADE IN JAPAN". You contend that both the lock and its immediate package should be marked with the country of origin.

ISSUE:

What are the country of origin marking requirements of a foreign digital door lock sold in a retail container bearing a U.S. address?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires 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 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 the statute.

As provided in 19 CFR 134.41(b), the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. When the name of any city or locality in the U.S., other than the country or locality in which the article was manufac-tured or produced, appears on an imported article or its contain-er, there shall appear, legibly and permanently, in close proxi-mity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. 19 CFR 134.46.

In this case, we find that the retail packaging of the digital door locks satisfies the requirements of 19 CFR 134.46. The country of origin marking phrase on the retail container is in close proximity to the U.S. address and in a comparable size, is legible and permanent, and is easily found and read without strain, see HQ 732572 (June 7, 1990), imported infant socks packaged and sold in a disposable, sealed, clear plastic bag.

We further find that the marking on the lock itself satisfies 19 CFR 134.41(b). It is die-stamped, legible, conspicuous, permanent and easily found by the ultimate purchaser of the lock.

In certain instances it is acceptable to mark the country of origin of an article on its container in lieu of marking the article itself. Articles for which the marking of the containers will reasonably indicate the origin of the articles are excepted from marking under 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d). For example, if the locks are imported in a retail box which is marked with the country of origin of its contents and Customs officials are satisfied that the box will reach the ultimate purchaser in the box unopened, then marking of the box alone is acceptable.

HOLDING:

The country of origin marking of digital door locks and of disposable packages containing them, as indicated on the submitted samples, are acceptable and comply with 19 U.S.C. 1304.

Sincerely,

John Durant, Director

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