HQ 0734381 - Country of origin marking requirements for bulk-imported fountain pens and refill ink cartridges repackaged in retail blister packages in the U.S. 19 CFR 134.32(d); package marking; 19 CFR 134.34 - United States International Trade Commision Rulings

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HQ 734381

March 2, 1992

MAR-2-05 CO:R:C:V 734381 GRV

CATEGORY: MARKING

Ms. Kaethe Augustin
A & W Products Company Inc.
Gardner St.
Port Jervis, N.J. 12771

RE: Country of origin marking requirements for bulk-imported fountain pens and refill ink cartridges repackaged in retail blister packages in the U.S. 19 CFR 134.32(d); package marking; 19 CFR 134.34

Dear Ms. Augustin:

This is in response to your letters of September 11, 1991, requesting a ruling regarding the country of origin marking requirements applicable to bulk-imported fountain pens and refill ink cartridges repackaged in retail blister packages in the U.S. A sample of a marked, blister-packaged pen with ink cartridges was submitted for examination.

FACTS:

Instead of importing individually retail-packaged fountain pens with ink cartridge refills, you plan to import the merchandise in bulk and perform the retail blister-packaging operation in the U.S. Although the pens and cartridges are not individually marked with their country of origin, the back of the cardboard placard will be conspicuously marked "Made in Germany packaged in USA" at the bottom in approximately 5-point type

Because of this change in your purchasing pattern, you request a ruling that addresses this marking scheme.

ISSUE:

Will conspicuously marking the country of origin on the blister-packages that the imported merchandise will be repackaged into meet the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.34?
LAW AND ANALYSIS:

The marking statute, 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 pur- chaser 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.

The primary purpose of the country of origin marking statute is to "mark the goods so that at the time of purchase the ulti- mate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influ- ence his will." United States v. Friedlaender & Co., 27 CCPA 297, 302, C.A.D. 104 (1940).

The "Ultimate Purchaser" Consideration

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 this case, the retail consumer is the ultimate purchaser, because (s)he will be last person in the U.S. to receive the imported merchandise (fountain pen and ink refill cartridges) in the form (blister-packaged) in will be repackaged in.

The Article Marking Exception

19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d) provide that if the marking of the containers will reasonably indicate the origin of the enclosed imported articles, then the articles themselves need not be individually marked. This exception is applicable in cases where the article is imported in a properly marked container and Customs officials at the port of entry are satisfied that in all reasonably foreseeable circumstances the ultimate purchasers will receive the article in its original, unopened and properly marked container. C.S.D. 89-81. This article marking exception is carried forward to situations where imported articles will be repackaged after they are imported into the U.S. under the provisions of 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.34.
Section 134.34 provides, in part, that:

[a]n exception under section 134.32(d) may be authorized in the discretion of the district director for imported articles which are to be repackaged after release from Customs custody under the following conditions:

(1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the United States.
(2) The importer arranges for supervision of the marking of the containers by Customs officers at the importer's expense or secures such verifica tion, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry. (Emphasis supplied).

HOLDING:

After viewing the sample blister package submitted, we find that it is properly marked for purposes of 19 U.S.C. 1304. Therefore, if the conditions set forth at 19 CFR 134.34 are complied with, the district director may except the bulk imported fountain pens and ink refill cartridges from individual article marking requirements under the provisions of 19 CFR 134.32(d). If approved, arrangements with the district director should be made prior to importation.

Sincerely,

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