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HQ 735039


March 24, 1993

MAR 2-05 CO:R:C:V 735039 LR

CATEGORY: MARKING

John Jansheski
President
U.S. Dentek Corp.
32 Leveroni Court-Suite 101
Novato, California 94949

RE: Country of origin marking of dental instruments; 19 CFR 134.43; containers; 19 CFR 134.32(d); 19 CFR 134.34

Dear Mr. Jansheski:

This is in response to your letter dated March 15, 1993, regarding the country of origin marking of dental instruments.

FACTS:

Two dental instruments, a plaque remover and mirror, designed for retail sale, are to be sold in sealed blister packages which are marked with their country of origin. A representative of your company indicated by telephone that the instruments are imported in bulk in containers which are marked with country of origin and that U.S. Dentek repackages them in its warehouse after importation into the sealed blister packages. A sample of the retail package and contents has been submitted.

On the back of the package, the instructions for use of the product appear along with the following information, which is printed towards the bottom of the package:

COPYRIGHT U.S. DENTEK
1984 CORPORATION Made in Korea
NOVATO, CA

The actual print size of the trade name U.S. Dentek (about 1/4 inch) is comparable to that which appears above; all the other information appears in smaller print (about 1/8 inch), which is about half the size of U.S. Dentek. Also on the back of the package, towards the top, the words "U.S. Patent #" appear in very small print (less than 1/8 inch). The country of origin marking appears in white letters on a black background which is both easy to find and easy to read. The origin marking is larger than the reference to U.S. patent number reference and the same size as the words, Novato, CA.

The dental instruments are not marked with their country of origin.

ISSUE:

Whether the "Made in Korea" marking on the blister package satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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.

Although most articles may be marked with country of origin by any method which is sufficiently permanent to reach the ultimate purchaser, the regulations specify that certain articles must be marked in a special manner. Pursuant to 19 CFR 134.43, various articles, including dental instruments, must be marked by die stamping, cast-in-the mold lettering, etching, engraving, or by means of metal plates securely attached to the article by welding, screws, or rivets. However, Customs has determined that general the exceptions to marking apply to all articles, including those which are subject to the requirements of 19 CFR 134.43. See Headquarters Ruling Letter's 734703, December 2, 1992; 733301, August 8, 1990; and, 732437, October 4, 1989.

Articles for which the marking of the containers will reasonably indicate the origin are excepted from marking pursuant to 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d). Articles imported and sold in sealed blister packages that are properly marked with country of origin, generally qualify for this exception. However, 19 CFR 134.34 provides that 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 United States.

(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 necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry. (emphasis added).

We are satisfied that the sample packages are designed to reach retail purchasers and that, as discussed below, such packages are adequately marked with country of origin. Therefore, if the dental instruments were imported in these sealed blister packages, we would rule that instruments would be excepted from marking under 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32. However, since the dental instruments will be imported in bulk and placed into the blister packages after importation, approval of your proposed marking must be authorized by the district director.

A country of origin marking is considered conspicuous and legible if it is easy to find and easy to read. See 19 CFR 134.41(b). There are additional requirements when an article or its container displays references to place names other than the country of origin. In such case, the country of origin must be preceded by the words such as "Made in" and must appear in close proximity to and in comparable size letters as these references. See 19 CFR 134.46. If the reference appears as part of a trade name or trademark, the close proximity and comparable size lettering requirement does not apply. See 19 CFR 134.47.

The country of origin marking on the submitted sample package is sufficiently legible, conspicuous and permanent to satisfy the general requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and meets the additional requirements of 19 CFR 134.46 and 134.47 triggered by the various references to U.S. locations on the package.

HOLDING:

The sample blister packages satisfy the requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Accordingly, U.S. Dentek may import unmarked dental instruments for repacking into these packages provided the bulk container is marked and the district director authorizes the use of the procedures set forth in 19 CFR 134.34.
Sincerely,

John Durant, Director

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