NY 813046 - THE COUNTRY OF ORIGIN MARKING OF AUTOMATIC HOT TEA MAKERS AND ACCESSORIES - United States International Trade Commision Rulings

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NY 813046

August 23, 1995

MAR-2-85:S:N:N3:113 813046

CATEGORY: MARKING

Ms. Betsy Findley
Mr. Coffee
24700 Miles Road
Bedford Heights, OH 44146-1399

RE: THE COUNTRY OF ORIGIN MARKING OF AUTOMATIC HOT TEA MAKERS AND ACCESSORIES

Dear Ms. Findley:

This is in response to your letter dated July 10, 1995, requesting a ruling on acceptable country of origin marking for imported tea maker sets. A marked sample was not submitted with your letter for review.

The merchandise is an electric tea maker, similar in appearance to a drip coffee maker. The item consists of a water heater which is built into a stand and projects over a ceramic tea pot. The tea pot is specifically designed to fit the stand. The merchandise will be imported as a set with a tea cosy and a trivet. In your letter, you state that the water heater will be made in China. The teapot, however, will be made either there or in Indonesia, or Thailand, and shipped to China to be re-packed with the heater. The tea cosy may be made either in China or Hong Kong.

Your letter does not contain enough information to issue a ruling on the acceptability of any marking. There are many considerations, and we advise that you send in a sample or mock- up. In the meantime, please consider the following: 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.

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.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.
You mention in your letter that it may not be possible for the Chinese manufacturer to segregate the various components. In the opinion of this office, re-packing the tea pot and cosy with the heater does not change their country-of-origin. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1 (b), Customs Regulations (19 CFR 134.1 (b)), states that the country of origin means the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the country of origin within the meaning of Part 134. Mere repacking of the accessories would not constitute a substantial transformation, and they would remain products of their country of manufacture. The marking of the goods must accurately reflect this, and the Chinese manufacturer must be made aware that failure to properly mark the goods subjects you to possible penalties.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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