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HQ 734621


August 14, 1992

MAR-2-05 CO:R:V:C 734621 AT

CATEGORY: MARKING

Area Director of Customs
Champlain, New York 12919
Att: Mark Kollinger, ISET

RE: Country of origin marking requirements for imported retail boxes for Game Boy games; U.S. locality; 19 CFR 134.46

Dear Sir:

This is in response to your memorandum of April 27, 1992, requesting advice on the country of origin marking requirements for imported retail boxes for Game Boy "Robo Cop 2" video games. A photo-copy of the retail box was submitted for review. We have received written comments from Mark Kollinger (Import Specialist) on this matter.

FACTS:

The front panel of the retail box has an illustration of the "Robo Cop 2" video game inside. On the top portion of the back panel pictures of different variations of the "Robo Cop 2" game appear along with other instructions and information. Near the bottom of the box the words "Ocean of America, Inc." and "San Jose, California" are printed in approximately 6 point lettering (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). Directly below, the words "Made in Japan" are printed in approximately 6 point lettering. On the side panel of the box the phrase "For sale and use in USA, Canada and Mexico only" appears in approximately 5 point lettering. Warranty information appears directly above this phrase.

ISSUE:

Does the marking on the imported retail box, as described above, satisfy the country of origin marking requirements set forth in Section 304 of the Tariff Act of 1930, as amended? n 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).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41, Customs Regulations (19 CFR 134.41), provides that 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 this case, we find that the marking "Made in Japan" printed on the back panel of the box is conspicuous. Information about the game itself and pictures showing different variations of the game are also located on the back panel; an ultimate purchaser would examine the back panel before purchasing the game. Furthermore, because the country of origin marking "Made in Japan" is printed in approximately 6 point lettering, this marking is both easy to find and read without strain.

The second issue presented in this case is whether the marking "Made in Japan" printed on the back panel is an acceptable country of origin marking in view of the fact that U.S. and other geographical references (Canada and Mexico) appear on the back and side panels of the box.

In determining whether the marking is acceptable, Customs will take into account the presence of words or symbols on an article which may mislead the ultimate purchaser as to the country of origin. Consequently, if the words "United States," or "America," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality other than the country of origin appear on the imported article, special marking requirements are triggered.n
Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity 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. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported goods.

The special marking requirements set forth in section 134.46 are triggered by the presence of the words "Ocean of America, Inc." and "San Jose, California" printed on the back panel and the phrase "For sale and use in USA, Canada and Mexico only" printed on the side panel.

The marking "Made in Japan" printed on the back panel directly below in 6 point lettering is in close proximity to the U.S. references "Ocean America, Inc." and "San Jose, California" printed in 6 point lettering and is in at least a comparable size. Accordingly, the marking on the back panel satisfies the requirements of section 134.46 and it is an acceptable country of origin marking.

With respect to the phrase "For sale and use in USA, Canada and Mexico only" printed on the side panel of the retail box, we find that the special marking requirements set forth in section 134.46 are not triggered.

In C.S.D. 90-31(December 20, 1989), Customs stated that under certain circumstances geographic names appearing in connection with imported articles do not necessarily trigger the requirements of 19 CFR 134.46. In that decision, Customs cited to several rulings including HQ 732329(July 12, 1989)(address on a warranty card did not pose a risk of confusion to ultimate purchasers); and HQ 732816(November 24, 1989)(address printed on display ticket was provided to assist customer in the event of questions concerning guarantees) where it was decided that the context in which the names and addresses were used was such that confusion regarding country of origin was not conceivable. See also, HQ 733963(January 7, 1991)(U.S. address on a hang tag was not misleading since it appeared in connection with a widely publicized customer assistance marking campaign); HQ 733909 (January 15, 1991)(U.S. address of an environmental group on a hang tag was not misleading). n
Similarly, in this case, we find that the phrase "For sale and use in USA, Canada and Mexico only" printed on the side panel of the retail box would not be reasonably construed by the ultimate purchaser as stating the country of origin of the video game, but would be considered only as a statement that the article is only to be used and sold in those respective countries. Furthermore, since the phrase is located directly below warranty information an ultimate purchaser would not be misled in believing that the video game is made in one of the three countries stated (USA, Canada and Mexico). The box is conspicuously marked "Made in Japan" on the back panel next to other information about the video game, and this marking is sufficient.

HOLDING:

The retail box for the "Robo Cop 2" Game Boy video game, marked in the manner described above, satisfies the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

John Durant, Director
Commercial Rulings Division

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