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HQ 734784


December 22, 1992

MAR-2-05 CO:R:C:V 734784 RC

CATEGORY: MARKING

Mr. David Ozgunduz
Continental Abrasives
16871 Noyes Avenue
Irvine, CA 92714

RE: Country of Origin Marking of Resin Fibre Discs and PSA Disc Rolls; Container Marking.

Dear Mr. Ozgunduz:

This is in response to your letter of August 10, 1992, requesting a ruling upon the acceptable methods of marking imported resin fibre discs and PSA disc rolls manufactured in Holland.

FACTS:

Your company imports, in generic white shipping boxes, resin fibre discs. Each box contains 25 shrink-wrapped pieces. Four of these boxes are strapped together for shipping purposes. You also import, in larger generic boxes, PSA disc rolls. These boxes contain a single roll of 100 discs. Ten of these boxes are shrink-wrapped with transparent plastic to form a case for shipping purposes. Your letter indicates that a label marked with the country of origin is affixed to each box. You submitted a sample of each product in its marked box. You also submitted photos which depict these boxes packed as aggregates for shipping. The products will be sold in the individual boxes. Both box styles are marked with a label printed, "MADE IN HOLLAND" in approximately 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.) This marking is accompanied by other product information. The individual boxes are sealed with adhesive tape.

ISSUE:

Whether the articles or their boxes are conspicuously marked according to the country of origin marking requirements.

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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. The country of origin for marking purposes is defined by section 134.1(b), Customs Regulations (19 CFR 134.1(b)), to mean the country of manufacture, production, or growth of any article of foreign origin entering the U.S. In the instant case, the country of origin is Holland.

As provided under 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 732256 (January 26, 1990), Customs held that baby toys imported and sold in properly marked retail boxes were excepted from individual marking. There, the acceptable country of origin markings were at least 1/8" which is approximately 9 points. The unacceptable country of origin markings were 1/16" or approximately 4.5 points. Here, the box marking is approximately 9 points. It is permanent and legible, in black print on a white background. We find that the country of origin marking is conspicuous.

You state that the consumers of the products will receive them in the marked shipping boxes. Inasmuch as the shipping boxes are sufficiently marked, it is not necessary that the articles themselves be marked. All the boxes must be marked to indicate the country of origin and that these markings remain visible when the boxes are aggregated either by utilizing strappings or transparent shrink-wrap.

HOLDING:

The marking "MADE IN HOLLAND" on the sample boxes is conspicuous. Therefore, the articles themselves need not be marked in accordance with section 304 of the Tariff Act, as
amended, and Part 134, Customs Regulations. This ruling is issued with the understanding that the articles will not be repacked into boxes other than those in which they are imported.

Sincerely,

John Durant, Director

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