HQ 0733939 - Country of origin marking of mechanical counters. 19 U.S.C. 1304; 19 CFR 134.44 - United States International Trade Commision Rulings

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HQ 733939

March 19, 1991

MAR-2-05 CO:R:C:V 733939 EAB

CATEGORY: MARKING

Robert Dirmeitis
Operations Manager
Hecon Corporation
15 Meridian Road
Eatontown, New Jersey 07724

RE: Country of origin marking of mechanical counters. 19 U.S.C. 1304; 19 CFR 134.44

Dear Mr. Dirmeitis:

This is in reply to your letter dated October 12, 1990, submitted to US Customs National Import Specialist Robert Losche, New York Seaport, concerning the proper country of origin marking of foreign made mechanical analog counters. Your letter was forwarded to our office for reply, and we note for your information that we have received from the Chief, National Import Specialist Branch 1, New York Seaport, a memorandum on point.

FACTS:

Your company imports foreign made mechanical analog counters from Germany. Two samples have been submitted to and visually examined by this office. Each counter has a hard plastic-type casing, to which is attached a paper adhesive label indicating the country of origin of the counter. Each counter is boxed in an unsealed cardboard box with a slip-off lid. The boxes are also marked to indicate the country of origin of the counter, either by adhesive sticker or by printing directly on the box.

ISSUE:

Are adhesive labels an acceptable method of marking for articles encased in hard plastic?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that articles of foreign origin imported into the U.S. must be legibly, conspicuously and permanently marked to indicate the country of origin to the ultimate purchaser in the U.S. As provided in 19 CFR 134.44, any method of marking at any location insuring that country of origin will conspicuously appear on the article shall be acceptable; thus, adhesive labels, in and of themselves, are permissible. They must be affixed in a conspicuous place and so securely that unless deliberately removed, they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser, 19 CFR 134.44(b).

In this case, based upon our visual examination of the sample counters, we find that the requirements of 19 U.S.C. 1304 and 19 CFR 134.44 are satisfied. The adhesive labels are securely attached to each counter and the cardboard boxes, and will remain affixed thereto until received by the ultimate purchaser, unless deliberately removed. Further, the country of origin is legible, conspicuous, easily found and read by the ultimate purchaser.

Please note that all German merchandise entered or withdrawn from warehouse on or after October 4, 1991 must be marked "Germany" or "Federal Republic of Germany".

We are returning the submitted samples to you under separate cover.

HOLDING:

The country of origin adhesive label on the submitted sample counters satisfies the requirements of 19 U.S.C. 1304 and, 19 CFR 134.44.

Sincerely,

John Durant, Director

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