HQ 0734740 - Country of origin marking requirements for repackaging of piston rings; incapable of being marked; marking of the packages or containers: conspicuous location; 19 CFR 134.22; 19 CFR 134.25; 19 CFR 134.41 - United States International Trade Commision Rulings

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HQ 734740
April 5, 1993

MAR-2-05 CO:R:C:V 734740 RSD

CATEGORY: MARKING

District Director
United States Customs Service
P.O. Box 619050
1205 Royal Lane
Dallas/Ft. Worth, Texas 75261

RE: Country of origin marking requirements for repackaging of piston rings; incapable of being marked; marking of the packages or containers: conspicuous location; 19 CFR 134.22; 19 CFR 134.25; 19 CFR 134.41

Dear District Director:

This is in response to your memorandum dated July 16, 1992, requesting internal advice concerning the country of origin marking requirements for piston rings imported by Martin Cooney Import/Export. We have received a sample of the piston rings, proposed wrapping paper, and shipping boxes for our consideration.

FACTS:

Martin Cooney Import/Export imports piston rings made in Japan for installation in compressors. You advise that the individual piston rings are not capable of being marked because of their size and construction and the critical nature of them in the compressors into which they are installed. All of the rings are repacked by the importer and sold to distributors who sell them to compressor repair companies. The importer proposes to wrap each set of piston rings with a sheet of paper containing written installation instructions and the words "Made in Japan". The wrapped sets then are placed into unmarked, cardboard shipping boxes. You indicate that the mechanics who use these rings desire that the rings not be in a box or a tube, but rather wrapped in paper sheets because they need quick access to the product.

The marking "MADE IN JAPAN" is at the bottom of the installation instructions. It is in the same type face and it is the same size as the rest of the writing on the instructions. When the sheet of paper is wrapped around the rings, the portion of the paper with country of origin marking is tucked in and cannot be seen. The country of origin is not marked on the shipping containers. A yellow X has been placed on the paper sheet to indicate where you think the country of origin marking should go.

ISSUE:

Does the putting the country of origin marking on the installation instructions which are wrapped around the repackaged piston rings satisfy the country of origin marking law?

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. Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. "The evident purpose 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 C.C.P.A. 297 at 302 (1940). C.A.D. 104 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S, is able to find the marking easily and read it without strain. 19 CFR 134.32(a) provides an exception to marking an article, if that article is incapable of being marked.

Based on the your representations, we find that due to their size, construction, and the critical nature of them in the products that they are installed into, the individual piston rings are incapable of being marked and accordingly under 19 CFR 134.32(a), they are excepted from country of origin marking. However, under 19 CFR 134.22 when an article is excepted from the marking requirements, the outermost container or holder in which the article ordinarily reaches the ultimate purchaser shall be marked to indicate the country origin of the article. Although the articles may be imported in properly marked containers, in this case they will be taken out of these containers and repacked prior to reaching the ultimate purchaser. As such, the certification requirements set forth in 19 CFR 134.25 will apply where by the importer shall certify to the district director that (1) the new containers, unless excepted, shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the container(s) will permit, in such manner as to indicate the country of origin of the article(s) to the ultimate purchaser(s) in accordance with the requirements of 19 U.S.C. 1304 and 19 CFR Part 134; or that if the article(s) is(are) intended to be sold or transferred to a subsequent purchaser or repacker, the purchaser or transferee, will be notified in writing at the time of sale or transfer, of the marking requirements. The importer must conform to these requirements.

If the piston rings reach the ultimate purchaser wrapped in the pieces of paper with the installation instructions printed on them, we find that these pieces of paper are containers within the meaning of 19 CFR 134.22. Therefore, because the piston rings cannot be marked, the country of origin marking must be placed on these sheets. However, the location where the country of origin marking is printed on the sample instruction installation sheets is not acceptable. When the instruction sheets are wrapped around the piston rings, the portion of the sheet where the country of origin is printed is tucked inside, and the marking is obscured and not visible. Accordingly, the country of origin marking on the paper instructions is not easy to find and it is not conspicuous within meaning of 19 CFR 134.41. 19 CFR 134.44 states that any method of marking at any location insuring that country of origin will conspicuously appear on the article shall be acceptable. In this case, the marking must be moved to a location on the paper sheets where it will not be obscured when the sheets are folded and wrapped around the piston rings. The marking must be easy to find from a casual inspection of the product.

However, if you are satisfied that the piston rings will reach the ultimate purchaser in the sealed shipping containers in which the importer repacks them, then these boxes can be marked to indicate the country of origin rather than the individual paper installation instruction sheets for the piston rings.

HOLDING:

The piston rings are excepted from individual marking under 19 CFR 134.32(a); however the container which reaches the ultimate purchaser must marked. We consider the sheets of paper which contain the installation instructions in which the piston rings are wrapped containers which are subject to marking. The present location where the country of origin marking is placed on the sheets paper is unacceptable because when the paper tucked in the marking is obscured. The marking should be repositioned to a location on the sheets where it is easy to find and where it will not be obscured. Alternatively, the marking of the country of origin on the sealed shipping container is acceptable if you are satisfied that it will reach the ultimate purchaser. Because the piston rings are to be repacked after importation the certification procedure outlined in 19 CFR 134.25 must be followed.

Sincerely,

John Durant, Director
Commercial Rulings Division

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