HQ 0735079 - Country of Origin Marking for Children's Playing Blocks and Containers; U.S. Materials; 19 CFR 134.32(d); 19 CFR 134.34. - United States International Trade Commision Rulings

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HQ 735079
August 13, 1993
MAR-2-05 CO:R:C:V 735079 ER

CATEGORY: MARKING

R. Sarah Compton, Esq.
Eckert Seamans Cherin & Mellott
Suite 600
2100 Pennsylvania Avenue, NW
Washington, DC 20037

RE: Country of Origin Marking for Children's Playing Blocks and Containers; U.S. Materials; 19 CFR 134.32(d); 19 CFR 134.34.

Dear Ms. Compton:

This is in response to your letter dated April 1, 1993, on behalf of your client, Direct To Retail, in which you request a ruling regarding the country of origin marking requirements for children's playing blocks and tubs to hold the blocks which are produced overseas out of U.S. materials.

FACTS:

Direct To Retail, a division of Columbia Electric Corp., plans to import children's playing blocks and tubs which hold the blocks. The blocks and tubs are made overseas out of U.S. materials. The blocks are placed into clear plastic bags which display no labeling whatsoever, the tubs are stacked and labelled, and both are shipped separately to the U.S. No details of the foreign manufacturing were submitted. For purposes of this ruling, we assume the blocks are a product of the foreign country. We also assume that the tubs are disposable containers within the meaning of section 134.24, Customs Regulations (19 CFR 134.24).

In the U.S. facility, two bags of blocks are placed in each tub for direct retail sale. The plastic bags of blocks are not sold separately from the tub. Direct To Retail proposes marking this product on the outside of the tub with the words "Made in (name of country) from materials originating in the U.S.A."

No samples were submitted with the ruling request.

ISSUE:

Whether marking the container of the children's playing blocks with the words "Made in (name of country) from materials originating in the U.S.A." satisfies country of origin marking requirements?

LAW AND ANALYSIS:

The marking statute, Section 304 of the 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 primary purpose of the country of origin marking statute is to "mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 CCPA 297, 302, C.A.D. 104 (1940).

The "ultimate purchaser" is defined generally as the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.1(d). If an article is to be sold at retail in its imported form, as is the case here, the purchaser at retail is the "ultimate purchaser." 19 CFR

An article is excepted from marking under 19 U.S.C. 1304(a)(3)(D) and section 134.32(d), Customs regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Since no samples of the product were submitted with the ruling request, we cannot determine if the proposed country of origin marking on the tub satisfies the degree of conspicuousness, legibility or permanence as required by the statute and regulations. Moreover, since the blocks are to be packaged after importation, an exception to marking the individual blocks may be extended only so long as the district director is satisfied that the container of the blocks is properly marked. Pursuant to the requirements of section 134.34, Customs regulations (19 CFR 134.34), this exception may be extended to the subject merchandise so long as the district director is satisfied that the imported articles are repacked after release from Customs' custody under the following conditions: (1) [t]he containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S. and (2) [t]he importer arranges for supervision of the marking of the containers by Customs officers at the importers' 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.

The wording of the proposed marking, "Made in (name of country) from materials originating in the U.S.A.", is an acceptable marking designation so long as the requirements of section 134.46, Customs Regulations (19 CFR 134.46) are satisfied.

HOLDING:

So long as the district director authorizes an exception from individually marking the imported children's playing blocks pursuant to 19 U.S.C. 1304(a)(3)(D), 19 CFR 134.32(d) and 19 CFR 134.34, the method and wording of marking the containers of the blocks, discussed above in the ruling, are in accordance with the requirements of the marking statute.

Sincerely,

John Durant, Director
Commercial Rulings Division

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