HQ 0734693 - Country of Origin Marking on the Bottom of a Box Containing a Hand Held Sewing Machine; 19 CFR 134.32(d); Conspicuous Place. - United States International Trade Commision Rulings

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HQ 734693

October 30, 1992

MAR-2-05 CO:R:C:V 734693 KR

CATEGORY: MARKING

District Director of Customs
U.S. Customs Service
P.O. Box 619050
1205 Royal Lane
Dallas TX 75261

RE: Country of Origin Marking on the Bottom of a Box Containing a Hand Held Sewing Machine; 19 CFR 134.32(d); Conspicuous Place.

Dear Sir:

This is in response to your memorandum dated June 18, 1992, and forwarded to this office on June 23, 1992, requesting internal advice from this office concerning the acceptability of country of origin marking placed on the bottom of a box containing a hand held sewing machine imported from China. A sample of the box and sewing machine was submitted for examination.

FACTS:

The sewing machine is made in China. The sewing machine is marked with "MADE IN CHINA" molded in the same color into the plastic cap of the battery well. The plastic cap finishes the bottom corner of the sewing machine. The box containing the sewing machine is printed with writing describing the uses, component parts power requirements, and pictures demonstrating uses of the sewing machine on the top and four sides of the box. The bottom of the box is plain white with "MADE IN CHINA" printed on it. No other printing or pictures appear on the bottom of the box.

The sewing machine was imported marked in the manner described above. Pursuant to Customs instructions, the importer placed an adhesive label on the front of the box stating "MADE IN CHINA". The importer believes that for further shipments the marking appearing on the bottom of the box is sufficient, and no further marking is required.

ISSUE:

Whether the importer's proposal to mark the article as presently imported, i.e., on the bottom of the packaging meets the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

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.

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(b), Customs Regulations (19 CFR 134.41(b), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

Although the sewing machine itself is marked with the country of origin molded into the plastic, the ultimate purchaser may not open the packaging prior to purchase to determine the country of origin of the sewing machine. In the absence of evidence or argument to the contrary, it is our assumption that there is a substantial likelihood that the ultimate purchaser will buy the article without opening the package. Accordingly, it is appropriate to treat the packaging in accordance with 19 CFR 134.24(d)(2), which provides that "disposable containers ... which are sold without normally being opened by the ultimate purchaser ... shall be marked to indicate the country of origin of their contents." Therefore, the box containing the sewing machine must be marked with the country of origin.

Given that the box is required to be marked with the country of origin of the sewing machine, 19 U.S.C. 1304, requires that the country of origin marking be "in a conspicuous place". 19 CFR 134.41(b) states that the ultimate purchaser "must be able to find the marking easily and read it without strain". Customs has determined that, in general, the bottom of a box is not a conspicuous place for country of origin marking. In HQ 732579 (March 27, 1990), Customs ruled that because the box was likely to be stacked on a shelf so that the bottom would not be visible, and because all the pertinent information concerning the product was contained on the side panels of the box, that the bottom was not a conspicuous location for the country of origin to be placed. See HQ 732917 (May 11, 1990) (stating that "Customs has previously ruled that the bottom of a box is not a conspicuous location for a country of origin marking."); HQ 732870 (March 19, 1990). See also T.D. 86-129 (June 26, 1986) (establishing a general policy for marking shoe boxes which states that marking on the bottom of the box is insufficient). Accordingly, we find that marking the bottom of the sewing machine box is not a conspicuous location for the country of origin marking.

HOLDING:

The country of origin marking appearing on the bottom of the sewing machine box is not in a conspicuous place and, therefore, is not an acceptable country of origin marking pursuant to 19 U.S.C. 1304(a)(3)(D) and 19 CFR ?134.32(d).

Sincerely,

John Durant, Director

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