HQ 0734913 - Country of Origin Marking for Confections. - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1993 HQ Rulings > HQ 0734859 - HQ 0950015 > HQ 0734913

HQ 734913

May 20, 1993

MAR-2-05 CO:R:C:V 734913 RC

CATEGORY: MARKING

Peggy Chaplin
Ober, Kaler, Grimes & Shriver
120 East Baltimore Street
Baltimore, Maryland 21202-1643

RE: Country of Origin Marking for Confections.

Dear Ms. Chaplin:

This is in response to your letter of November 30, 1992, on behalf of American European Student Union, Inc.(AESU), requesting a ruling on the country of origin marking requirements for confections. We received a sample on May 4, 1993.

FACTS:

Your client, AESU, intends to import confections made in Austria. They are packaged in decorative boxes and will be sold though catalogs. Regarding the sample, a photograph appears on the top panel depicting a European pastoral landscape. The side panels indicate descriptive product information in the German language, i.e. "Austrian confections", the town of origin, "founded in 1559", etc. These boxes will be shipped to the importer's distribution point in Baltimore, Maryland. AESU will repack the various confections into the decorative boxes and affix a label in English to the bottom panel. The label is a white loose-leaf paper with information in black print. The entire box is shrink-wrapped with transparent plastic wrap. The label remains visible through the wrap. It lists the ingredients of the various confections and bears the country of origin. The marking "MADE IN AUSTRIA" appears in approximately 14 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.) You have also proposed marking the boxes "PRODUCT OF AUSTRIA".

ISSUE:

Whether the proposed marking on the confections satisfies the country of origin marking requirements set forth in 19 U.S.C. 1304 and Part 134, Customs Regulations.

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.

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. Under section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the ultimate purchaser must be able to find the country of origin marking easily and read it without strain.

The following arrangements are available under section 134.34, Customs Regulations (19 CFR 134.34):

(a) an exception under 19 CFR 134.32(d) may be authorized in the discretion of the district director for imported articles which are to be repacked after release from Customs custody under the following conditions:

(1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S.

(2) The importer arranges for supervision of the marking of the containers by Customs officers at the importer's expense or secures such verification, as may be the necessary, be certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry.

(b) The liquidation of such entries may be deferred for a period of not more than 60 days from the date that a request for repacking is granted. Extensions of the 60-day deferral period may be granted by the district director in his discretion upon written application by the importer.

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.

In the instant case, the "MADE IN AUSTRIA" marking are even larger than the markings reviewed in HQ 732256. The markings appear in clearly contrasting colors: black print on a white background. Although the location of the marking "MADE IN AUSTRIA" or "PRODUCT OF AUSTRIA" will appear on the back panel, the back side of an imported article or its container is not per
se an improper location for country of origin marking purposes. See HRL 731830 (November 21, 1988)(acceptable to indicate the country of origin marking on the back panel of imported frozen produce packaging).

Here, the back panel is the only panel bearing information in English. As a result, it is likely the ultimate purchaser will find the country of origin in this location, upon casual inspection. Additionally, given that the marking is more than the 9 points held to have been sufficient in HQ 732256, we find it to be permanent, legible, indelible and in a conspicuous place.

HOLDING:

The proposed markings satisfy the requirements set forth in 19 U.S.C. 1304 and Part 134, Customs Regulations. However, the importer must seek approval of the local Customs officials for a repacking operation conducted under Customs supervision pursuant to 19 CFR 134.34.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling