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HQ 733839


January 31, 1991

MAR-2-05 CO:R:C:V 733839 EAB

CATEGORY: MARKING

Karen S. Bressler
Procorp, Inc.
283 Pleasant Street
Framingham, Massachusetts 01701

RE: Country of origin marking of soundbox. repacked; 19 U.S.C. 1304; 19 CFR 134.26; 19 CFR 134.41; Friedlaender; National Juice

Dear Ms. Bressler:

This is in reply to your letter dated October 4, 1990, in which you request a binding ruling on the proper country of origin marking of foreign soundboxes.

FACTS:

Your company imports sound boxes that are intended to be used as a premium incentive. In particular, your company intends to sell these items to cereal manufacturers, who will place them in cereal boxes.

It is not clear whether you will sell the items to the cereal maker before each one is "overwrapped" with a clear polybag. You have not submitted a sample of the polybag, or a sample sound box that has been overwrapped. The sample that you have submitted is a black plastic sound box of the following proximate dimensions: 2.25 x 1.375 x 0.375 inches. The words "MADE IN CHINA" are molded into the plastic in small, but legible, letters which can be easily read near the bottom of one of the surfaces. The sound is apparently activated by a light- sensitive switch, hence a cardboard sleeve is fitted onto the sound box, covering the light-admitting orifice. The sleeve is approximately one-half the length-wise dimension of the sound box, and slides easily up and down. You have indicated that the country of origin marking will be placed in a location where it will not be obscured by the cardboard sleeve.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that every article of foreign origin (or its con-
tainer) 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 indi- cate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. The primary purpose of the country of origin 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 the product, if such marking should influence his will." United States v. Friedlaender & Co., 27 CCPA 297 (1940); National Juice Products Association v. United States, 10 CIT 48 (1986).

Part 134, Customs Regulations (19 CFR Part 134) implements the statutory country of origin marking requirements and exceptions. Pursuant to 19 CFR 134.41(b), the country of origin marking is considered conspicuous if the ultimate purchaser can find the marking easily and read it without strain. Although the "Made in China" marking appears in small and non-contrasting letters as a result of the molding process, considering the nature and small size of the article, in this case we find that the marking can be found easily and read without strain; as long as the marking in not obscured by the cardboard sleeve, it is acceptable. Pursuant to 19 CFR 134.26(a), if an article subject to these requirements is intended to be repacked in retail containers after its release from Customs custody, or if the district director having custody of the article, has reason to believe such article will be repacked after its release, the importer shall certify to the district director that, if the importer does the repacking, he shall not obscure or conceal the country of origin marking appearing on the article, or else the new container shall be marked to indicate the country of origin of the article, or, if the article is intended to be sold or transferred to a subsequent purchaser or repacker, the importer shall notify such purchaser or transferee, in writing, at the time of sale or transfer, that any repacking of the article must conform to these requirements.

In view of the fact that the marking on the sound box will be obscured when it is repacked in cereal boxes, the requirements of 19 CFR 134.26 apply. Customs is of the opinion that the cereal boxes must be marked with the country of origin of the foreign toys.

We suggest the following marking on the cereal boxes: "Toys Made in China".

HOLDING:

So long as the country of origin marking on the sound box is not obscured by the cardboard sleeve, it satisfies the
requirements of 19 U.S.C. 1304. However, because it will be repacked in cereal boxes, the requirements of 19 CFR 134.26 set forth above are applicable.

Sincerely,

John Durant, Director
Commercial Rulings Division

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