HQ 0734731 - Country of origin marking requirements for a pneumatic powered tacker that comes in a box; container marking; 19 CFR - United States International Trade Commision Rulings

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HQ 734731

January 15, 1993

MAR-2-05 CO:R:C:V 734731 RSD

CATEGORY: MARKING

District Director
U.S. Customs Service
P.O. Box 619050
1205 Royal Lane
Dallas/Ft Worth, Texas 75261

RE: Country of origin marking requirements for a pneumatic powered tacker that comes in a box; container marking; 19 CFR

Dear Sir:

This is in response to your memorandum dated July 17, 1992, forwarding an internal advice request dated July 14, 1992, submitted by DJS International Service, Inc., on behalf of their client Tech Forge Industries, Inc., concerning the country of origin marking requirements for an air tacker. A sample of the air tacker, carrying case and the box has been submitted for our review.

FACTS:

The importer, Tech Forge Industries, Inc., of Grand Prairie, Texas is importing an air powered tacker kit made in Taiwan. The air tacker is a pneumatically powered device used to drive nails, tacks, staples, etc. into different surfaces. The model number for the air tacker is 1513A, and it is sold under the name "STEEL SHOOTER." The air tacker is sold as part of a kit which includes the air tacker itself, generally some staples or nails and possibly some safety goggles, all of which are packed in a molded plastic carrying case. The air tacker kit is packaged in a retail carton.

The front side of the carton has a picture of the air tacker and some type of nails used by the product. The carton also bears the name "TECH FORGE INDUSTRIES INC." There is also a product description on the front panel. Near the top of the front panel there is a stick-on label with 1/4 inch letters which reads "MADE IN TAIWAN." This label appears to be securely affixed to the box. The side panels of the retail carton have technical information on the use of the air tacker.

The Customs broker stated in its letter that neither the air tacker nor the carrying case bear country of origin markings. However, the sample air tacker was marked on a metal exterior part in engraved letters with the word "TAIWAN." To clarify the situation, we contacted the Customs broker by telephone. In this telephone conversation, a representative of DJS, the importer's Custom Broker, indicated that Tech Forge intends to have all the air tackers that they import engraved with the marking "TAIWAN." DJS's representative also stated that the carton will be sealed by means of an adhesive sticker, but it will not be shrink wrapped with plastic. However, the representative felt that a knife would probably have to be used to break the seal. It is our understanding that marking notices have been issued for past shipments of the air tacker.

ISSUE:

Does the country of origin marking on the retail carton and on the air tacker satisfy the requirements of 19 U.S.C. 1304?

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 theultimate 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, 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, Customs Regulations (19 CFR 134.41), the country of origin marking is considered to be conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. That section further provides that the degree of permanence should be at least sufficient to insure that in any reasonably foreseeable circumstance the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed. Under 19 CFR 134.24(d)(2) for articles which are sold in sealed containers which are normally unopened by the ultimate purchaser before purchase, the containers must be marked to indicate the country of origin of its contents.

In this case, we have been informed by the Customs broker that both the box and the air tacker itself will be marked to indicate the country of origin of the air tacker. Therefore, the concern over whether the air tacker would be excepted from country of origin marking by marking the container is not an issue. Moreover, we have also been informed that the retail carton will be sealed with an adhesive sticker assuring that the air tacker will reach the ultimate purchaser in the retail box. We find that the country of origin marking on the sample box is sufficiently permanent, legible, and conspicuous to satisfy the requirements of 19 CFR 134.41. Accordingly, the ultimate purchaser would be advised of the country origin of the air tacker by reviewing the retail box prior to its purchase. Since a sealed box is unlikely to be opened before purchase, the marking on the retail cartons also satisfies the requirements of 19 CFR 134.24(d)(2).

HOLDING:

The proposed country of origin marking on the sample retail box and on the air tacker satisfies the requirements of 19 CFR Part 134 and the 19 U.S.C. 1304.

Sincerely,

John Durant, Director
Commercial Rulings Division

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