HQ 0734956 - Country of Origin Marking of Safety Glass for Ready-to-Assemble Table Tops and Doors; T.D. 90-81. - United States International Trade Commision Rulings

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HQ 734956

March 5, 1993

MAR-2-05 CO:R:C:V 734956 RC

CATEGORY: MARKING

Area Director of Customs
National Import Specialist Division, Branch 8 Six World Trade Center
New York, New York 10048

RE: Country of Origin Marking of Safety Glass for Ready-to-Assemble Table Tops and Doors; T.D. 90-81.

Dear Sir:

This is in response to your memorandum of January 2, 1993, forwarding a request for a ruling on the country of origin marking requirements for foreign manufactured safety glass.

FACTS:

Wolf D. Barth Co. Inc., on behalf of IKEA Wholesale, Inc. requests a ruling on the country of origin marking of safety glass made in Mexico and sold in the U.S. The safety glass is used for doors and table tops as parts of furniture kits. They will be packed in containers which bear the country of origin marking "Made in Mexico" in lettering of approximately 5 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.) The glass itself is not marked to indicate Mexican origin. Affixed to the glass is a removable adhesive label with the words "SAFETY GLASS - IKEA OF SWEDEN" in approximately 9 points. The letter "S", in approximately 22.5 points, appears in the middle of the circular sticker. The submission also includes a large hang tag, for display items. This hang tag is marked with the words "SAFETY GLASS - IKEA OF SWEDEN", in approximately 22.5 points, and the letter "S", in approximately 108 points, appears in the middle of a circle. Additionally, it bears the marking "The IKEA of Sweden 'S' mark means quality glass" in approximately 9 points. The hang tag does not indicate that the glass is actually made in Mexico.

ISSUE:

Whether marking of the container of the safety glass is sufficient, in lieu of article marking, when the article will be sold on display outside of the container, and the hang tag described above is displayed on the article.

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. As provided under section 134.1(d), Customs Regulations (19 CFR 134.1(d)), the "ultimate purchaser" generally is defined 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. Here, because the safety glass would not be sold for use in the manufacture of finished furniture, the ultimate purchaser is the person who buys the shelf kit at retail.

The marking of the container in which the glass is sold generally satisfies the marking requirements for the glass. To the extent that the safety glass is sold in containers marked with the country of origin as described in the Barth Co. submission, the ultimate purchaser is advised of its country of origin and the safety glass itself does not also need to be marked, notwithstanding the "S" sticker.

However, there is a clear likelihood that at least some items of ready-to-assemble furniture will be removed from the marked container, assembled, used for display purposes, and later sold. The importer's submission indicates that the larger "S" hang tag will be used with the assembled display article, and we assume that the smaller sticker would remain affixed to the glass. In this condition of retail presentation, the article would not be legally marked.

Section 134.46, Customs Regulations (19 CFR 134.46), provides in relevant part that when letters or words indicating the name of a country or locality other than the country of origin appear on an article, the name of the country of origin must appear "in at least comparable size" and "in close proximity" to such letters or words.

The proposed hang tag for display items is marked with the words "SAFETY GLASS - IKEA OF SWEDEN" and the letter "S" printed in a circle. It also bears the marking "The IKEA of Sweden S mark means quality glass". The hang tags do not indicate that the glass is actually made in Mexico. The sticker already affixed to the glass conveys the same information. The National Import Specialist memorandum indicates that the ultimate purchaser will be fully aware that the "S" means "safety glass". Our concern is different.

Here, we think it likely the ultimate purchaser will believe that the glass is a product of Sweden, rather than Mexico. The "S" in a circle is a common symbol used to identify the automobiles driven outside of Sweden as Swedish. Thus, the "S" in a circle is misleading when affixed to an article of foreign origin without reference to the country of origin in close proximity under section 134.46. The confusion is compounded by the various other printed allusions to "Sweden" on the hang tag.

In C.S.D. 90-81 (May 11, 1990), Customs required importers of ready-to-assemble furniture wishing to have the articles excepted from country of origin marking pursuant to 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d) to submit to Customs officials at the time of importation declarations from the retail distributors of the furniture. The declarations were to contain acknowledgement by the retail distributors of the country of origin marking requirements, and an undertaking to mark with its country of origin any article or component removed from its marked container prior to delivery to the ultimate purchaser. This declaration was necessary to assure that in the likely circumstance that articles of ready-to-assemble furniture were to be removed from their marked containers and used as display models, the ultimate purchaser would receive proper indication of the country of origin of the articles or components.

Here the procedures set forth in C.S.D. 90-81 are applicable. Thus, as a part of the certification, we expect that the importer/distributor will assure that any hang tags affixed to the assembled display furniture will be marked to indicate the country of origin of the furniture and/or the glass. In this regard, as we indicated in C.S.D. 90-81, a marking such as "Contents/Article imported, see container for country of origin" would be acceptable marking.

HOLDING:

The submitted container label indicates the country of origin of the safety glass sufficiently and for those glass articles sold in marked containers it is not necessary to indicate the country of origin on the safety glass itself. However, where the marking "SAFETY GLASS - IKEA OF SWEDEN" and letter "S" printed in a circle or "The IKEA of Sweden S mark means quality glass" appears on articles of display furniture, the marking "Made in Mexico" must appear in close proximity thereto pursuant to Part 134. Alternatively, IKEA may employ wording such as "Imported Safety Glass, See Packaging for Country of Origin", or words to similar effect. Pursuant to C.S.D. 90-81, the importer must file a certification with the District Director at the port of importation to assure Customs that any safety glass will be marked, as set forth above if displayed out of its marked container.

Sincerely,

John Durant, Director

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