HQ 0735177 - Country of origin marking on the clear plastic containers for watch bands or watch straps or watch bracelets; disposable containers; 19 CFR 134.24(d) - United States International Trade Commision Rulings

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HQ 735177
July 13, 1993

MAR-2-05 CO:R:C:V 735177 RSD

CATEGORY: MARKING

District Director of Customs
Second and Chestnut Streets
Philadelphia, Pennsylvania 19106

RE: Country of origin marking on the clear plastic containers for watch bands or watch straps or watch bracelets; disposable containers; 19 CFR 134.24(d)

Dear Sir:

This is in response to your memorandum dated May 7, 1993, requesting internal advice on the required country of origin marking on retail containers for watch straps or bands. We have received several samples of the watch bands packaged in their retail containers.

FACTS:

The sample watch bands are packaged in clear plastic containers. The plastic containers have adhesive labels on them. These labels indicate information regarding the watch band such as the brand name, price, style number, size, and the material that band is made from. Some of the labels indicate the country of origin of the watch bands, but others do not. Each container also has a bar code label and in some cases this label contains the country of origin of the watch strap. The watch bands are marked with country of origin, but the way the bands are packaged, the markings cannot be seen through their plastic containers. You indicate that some watch straps and bracelets are imported in bulk and packaged later into the retail containers, but some are imported in their retail containers.

ISSUE:

If a watch band is marked with its country of origin must its transparent plastic retail container also be marked to indicate the country of origin of the watch band?

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).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

The marking requirements for unsealed disposable containers of imported merchandise are set forth in section 134.24(d), Customs Regulations (19 CFR 134.24(d)). This section provides that "if the container is normally opened by the ultimate purchaser prior to purchase, only the article need be marked." Marking of the containers is also unnecessary if "the article is so marked that the country of origin is clearly visible without unpacking the container." In HQ 732271, April 27, 1990, Customs ruled that unsealed cartons containing properly marked crystal glassware do not have to be marked with the country of origin because pieces of crystal glassware are kind of articles that an ultimate purchaser would remove from the carton to examine prior to purchase. We noted that a number of factors must be considered in determining if the article involved is something that the ultimate purchaser would take out of its carton to look at prior to purchase. Some of these factors are:

1. Whether a prospective purchaser will want to remove the article from its container to inspect it to find out exactly what he or she may be buying; and

2. Whether the article is the type which a prospective purchaser would be likely to remove from its container in order to examine it prior to purchase to see if it was broken or chipped.

We also noted that crystal glassware is the type of article likely to be on display in the store and that in the unlikely event the ultimate purchaser does not open the carton prior to purchase, he or she would see the country of origin marking on the display item.

Upon review of the sample watch bands in their containers, we are of the opinion that these containers will not be normally opened by ultimate purchasers prior to purchase. The watch bands can be seen through the clear plastic container, so the ultimate purchaser can tell the style and color of the band and check for defects in the band without having to open the container. Moreover, the size and other information is printed on a label on the container. Because consumers will be able to know exactly what they are buying, it is our belief that they will most likely buy the watch bands without actually physically examining them prior to purchase. While some consumers may open the containers to examine watch bands especially in stores with jewelry counters, we have no evidence to indicate that this is the normal practice. You point out that the watch bands are often sold in stores, such as drug store chains, where assistance in opening the containers would be unlikely and opening of the containers may even be discouraged.

In this case because the containers are made of clear plastic, if the watch bands are packaged in such a way that the country of origin marking on the bands is clearly visible through the plastic then a separate marking on the container would be unnecessary. However, if the country of origin marking on the watch band is not clearly visible, then the container would have to have a separate marking to indicate the country of origin of the watch band. It appears likely that the country of origin on most watch bands will not be clearly visible through the plastic container. The marking on the container can be accomplished by an adhesive sticker securely affixed or some other permanent method. If the watch bands are imported in bulk and repacked later, then the certification procedures outlined in 19 CFR 134.26 must be followed.

HOLDING:

The sample plastic containers for the watch bands are not normally opened by the ultimate purchaser prior to purchase. Therefore, the containers will be required to be marked to indicate the country of origin of the watch bands, if the country of origin marking on the watch band is not clearly visible through the container.

Sincerely,

John Durant, Director

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