HQ 0734191 - Country of origin marking requirements for semiconductors; conspicuous marking; 19 CFR 134.41(b) - United States International Trade Commision Rulings

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HQ 734191

August 8, 1991

MAR-2-05 CO:R:V:C 734191 AT

CATEGORY: MARKING

Mr. S.M. Mims, Corporate Counsel
Texas Instruments, Incorporated
13500 North Central Expressway
Dallas, Texas 75265

RE: Country of origin marking requirements for semiconductors; conspicuous marking; 19 CFR 134.41(b)

Dear Mr. Mims:

This is in response to your letter dated May 22, 1991, requesting a binding ruling on the country of origin marking of semiconductors imported from the Philippines. Two samples of the Model 40 YS PDIP package semiconductors were submitted for our review.

FACTS:

Your company intends to import semiconductors from the Philippines. These semiconductors are approximately 1 3/8 inches in length and 1/2 inches in width. The semiconductors are marked on the bottom corner of the ejector pin area with the word "Philippines" in lettering approximately 2 points (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 in the same color as the article. The word "Philippines" is printed in circular fashion. You state that your assembly operation in the Philippines has requested that you determine the acceptability of this country of origin marking with Customs.

ISSUE:

Is the country of origin marking on the bottom corner of the ejector pin area of the semiconductor 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), 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.

In HQ 733965 (June 3, 1991), Customs ruled that a small paper label affixed to a plastic watch container marked with the country of origin in lettering approximately 3 points was not conspicuous in that due to the very small nature of the print the marking was not easy to read. Customs stated that the concept of conspicuousness embraces two concerns: (1) visibility, which addresses the requirement that the marking must be able to be found easily, and (2) legibility, which addresses the requirement that the marking must be able to be read without strain. Customs also stated that the country of origin marking should be presented in a format that is conspicuous: made readily apparent, 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 by them, if such marking should influence his will.

In this case, the country of origin marking "Philippines" is neither easy to find nor easy to read because it is printed in even smaller print, approximately 2 points, as compared to 3 points as used in the watch container case, it appears in circular fashion, it is in non-contrasting letters and it appears on the bottom of the semiconductor. These facts, when taken together, render the marking difficult to find and read, and therefore unacceptable. We also note that the semiconductor would easily accommodate a larger conspicuous and legible country of origin marking.

HOLDING:

The country of origin marking "Philippines" on the bottom corner of the ejector pin area of the semiconductor as described above, is not conspicuous and does not satisfy the requirements of 19 U.S.C. 1304 and 19 CFR 134.41(b).

Sincerely,

John Durant, Director

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