HQ 0734742 - Country of Origin Marking of Latex Gloves; Conspicuous Place; 19 CFR 134.32(d); Articles Exempt; Container Marking; 19 CFR 134.46. - United States International Trade Commision Rulings

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HQ 734742

December 9, 1992

MAR-2-05 CO:R:C:V 734742 RC

CATEGORY: MARKING

Ms. Carol A. Garrity
Garrett Hewitt International
901 No. Broadway
No. White Plains, NY 10603

RE: Country of Origin Marking of Latex Gloves; Conspicuous Place; 19 CFR 134.32(d); Articles Exempt; Container Marking; 19 CFR 134.46.

Dear Ms. Garrity:

This is in response to your request, dated July 21, 1992, for a ruling on the acceptability of proposed country of origin markings for oral surgeon latex gloves. In your subsequent letter dated August 18, 1992, you submitted copies of printed samples to demonstrate proposed country of origin markings.

FACTS:

You import on behalf of your client, Astra Pharmaceutical Products, Inc., "Astra", oral surgeon latex gloves which are made in Malaysia and distributed in the United States. On December 7, 1992, you stated that Astra will distribute the gloves to unknown recipients. The submitted samples demonstrate the packaging for shipping boxes, paper pouches, and cardboard dispenser boxes. The shipping box contains the words "ASTRA, Westborough MA 01581"; the other two samples contain the words, "ASTRA, Astra Pharmaceutical Products, Inc., Westborough MA 01581". The lettering type-size for the U.S. address on each package varies, but each is at least 9 points. (A point is a unit of type measurement equal to 0.01384 inch or nearly 1/72 inch, and all type sizes are multiples of this unit.) In your original ruling request you indicated in hand print how the "Made in Malaysia" marking would appear just below the U.S. address on each sample. Attached to your follow-up letter you submitted copies of the "Made in Malaysia" markings in type-print as proposed for the actual packaging. The marking appears either to the right of the U.S. address or directly below it. The type-size of the foreign marking and the U.S. address is the same.

ISSUE:

Whether the markings as described above are conspicuous and in close proximity to the U.S. address within the meaning of 19 U.S.C. 1304 and 19 CFR Part 134.

LAW AND ANALYSIS:

The marking statute, section 304, 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 purchaser in the U.S. the English name of the country of origin of the article.

Section 134.1(d), Customs Regulations, (19 CFR 134.1(d)), defines the "ultimate purchaser" generally as the last person in the United States who will receive the article in the form in which it was imported. The marking must be conspicuous to the ultimate purchaser.

According to section 134.32(d), Customs Regulations (19 CFR 134.32(d)), articles whose containers are marked to reasonably indicate the origin of the articles are themselves excepted from marking requirements. For the marking of the container to be adequate, Customs must be satisfied that in all reasonably foreseeable circumstances the article will reach the ultimate purchaser in said properly marked container. A sealed container, such as a blister pack is an example of such a container.

If the medical gloves are sold to hospitals, Customs has consistently found that the ultimate purchaser of hospital supplies is the hospital procurement office, not the employees that use them. Consequently, indicating the country of origin on the containers in lieu of the gloves themselves is sufficient to inform the hospital, the ultimate purchaser, of the country of origin of the latex gloves.

Under 19 CFR 134.46, in any case in which the words "U.S." or "American," or the letters "U.S.A.", any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in lettering of at least a comparable size, the name of the country of origin preceded by "Made in," "Product of", or other words of similar meaning.

Upon review of the submitted samples, the "close proximity" requirement is satisfied because the U.S. address and the "Made in Malaysia" markings are adjacent and comparable in size. Furthermore, both the foreign marking and the U.S. address can be seen on the same side of the package. There is no need for the ultimate purchaser to turn the packaging or strain to see both the foreign marking and the U.S. address at the same time. Therefore, all the requirements of section 134.46 are satisfied.

HOLDING:

The "Made in Malaysia", where it appears in each location, is in a conspicuous place and satisfies all the requirements of section 134.46, Customs Regulations, (19 CFR 134.46).

Sincerely,

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