HQ 0734733 - Country of Origin Marking Requirements for Safety-Eyewear Frames and Parts; Stickers; Container Marking; HQ 734258. - United States International Trade Commision Rulings

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HQ 734733

November 25, 1992

MAR-2-05 CO:R:C:V 734733 RC

CATEGORY: MARKING

Ms. Margaret R. Polito
Coudert Brothers
200 Park Avenue
New York, New York 10166

RE: Country of Origin Marking Requirements for Safety-Eyewear Frames and Parts; Stickers; Container Marking; HQ 734258.

Dear Ms. Polito:

This is in response to your inquiry of July 17, 1992, requesting a ruling on the country of origin marking requirements for imported frames and parts of prescription safety glasses. The following facts are a modification of those you presented in HQ 734258 (dated January 7, 1992). Also, incorporated herein are the facts presented in your correspondence of November 4, 1992.

FACTS:

Your client, Hudson Optical Corporation (Hudson Optical), is in the business of manufacturing and importing safety eyewear. The articles imported into the U.S. comprise completed safety glasses (non-prescription use) and safety frames (prescription use). Some of the frames are imported unassembled, as fronts and temples. The frames are further processed in the U.S. by inserting domestically-manufactured prescription lenses therein. The imported articles are packaged in resealable clear plastic bags. These bags, as demonstrated by the submitted samples, bear the country of origin marking, "Made in Korea", on printed stickers affixed thereto. The finished products, being safety glasses, are manufactured to comply with specific insurance and federal requirements. In order to comply with such requirements, all the frames must bear the designation "Z-87" which identifies these articles specifically as safety eyewear. We assume that the facts here are the same as in your prior ruling request in that the frames and safety lenses are selected and bought by employers for employees. This ruling is based upon your representation that the glasses, frames, and parts imported by Hudson Optical are exclusively of the safety type described above, and applies only to such articles.

ISSUE:

Whether marking the plastic bags of safety eyewear instead of the articles themselves satisfies the country of origin marking requirements.
LAW AND ANALYSIS:

According to section 134.32(d), Customs Regulations (19 CFR 134.32(d)), an article is excepted from marking if the marking of the article's container will reasonably indicate the origin of such article. Customs must be satisfied that in all foreseeable circumstances the article will reach the ultimate purchaser in a properly marked container.

In HQ 734258 (January 7, 1992) issued to your client, we ruled that if employers purchase safety glasses for their employees, the optical laboratories that insert the prescription lenses into the frames are the ultimate purchasers of the frames. There, we authorized the use of hangtags and stickers, provided the marking is conspicuous, legible, and permanent as indicated in 19 CFR 134.41 and 19 CFR 134.44.

It is our opinion that marking the frames and parts by placing a sticker on the resealable plastic bag which contains it will be sufficient marking. However, this ruling applies only to those circumstances as described in HQ 734258 and here, where the optical laboratory is the ultimate purchaser.

Pursuant to section 134.26, Customs Regulations (19 CFR 134.26), the importer must certify that if the articles are repacked or manipulated, the new container shall be marked to indicate the country of origin or if the article will be sold or transferred to a subsequent purchaser or repacker, the importer shall notify such purchaser or transferee, in writing, at the time of sale or transfer, that any repacking of the article must conform to these requirements. It is our opinion that Hudson Optical as the importer is obligated to follow the procedures set forth under 19 CFR 134.26.

HOLDING:

The eyeglass frames for prescription safety lenses and parts may be marked with their country of origin by means of stickers affixed to resealable plastic bags. This approval extends only to the circumstances set forth in HQ 734258 and here, where an optical laboratory is the ultimate purchaser of the imported frames and parts. Additionally, Hudson Optical must file a repacking certificate with the district director.

Sincerely,

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