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HQ 559423





December 21, 1995

MAR-2-05 RR:TC:SM 559423 KR

CATEGORY: MARKING

Arturo E. Dominguez, Atty-in-Fact
ADCO I.T.S., INC.
902 Market Street
Laredo, TX 78040

RE: Country of origin marking on containers of back support waistbands; 19 CFR §134.46.

Dear Mr. Dominguez:

This is in reply to your letter dated September 5, 1995, requesting a ruling concerning the country of origin marking requirements applicable to imported back support waistbands which have a U.S. address on the container. You submitted photocopies of two boxes in which the back support waistbands are imported and an actual box for our review.

FACTS:

You import back support waistbands. You stated that you received a telephone call from a Customs import specialist advising you that the containers were not appropriately marked with the country of origin of the back support waistbands. You stated that you were told that the marking should appear on the front of the container instead of the back of the container.

The sample boxes that you submitted each show pictures and descriptions of the product, its features and its uses on each of the four sides of the container. On the back of the container, their appears a U.S. address of the importer or retailer. Immediately above or below the U.S. address appears the country of origin marking "MADE IN MEXICO" or "CONTENTS MADE IN MEXICO". This country of origin marking appears in equal sized print to the U.S. address on one sample and larger size print than the U.S. address on the other two samples.

ISSUE:

Whether the country of origin marking appearing on the back support waistband container satisfies the country of origin marking statute and regulations.

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 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. 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. Friedlander & Co., 27 C.C.P.A. 297 at 302; C.A.D. 104 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and the 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. Customs does not have a requirement that the country of origin marking must appear on the front of an item or its container. The only requirement is that the location must be "conspicuous". See 19 CFR §134.11. Although Customs has ruled that the bottom of a box may not be a conspicuous location, Customs generally allows the back of a container to be marked. See HQ 734693 (October 30, 1992); HQ 732917 (May 11, 1990) (stating that "Customs has previously ruled that the bottom of a box is not a conspicuous location for a country of origin marking."); HQ 732870 (March 19, 1990). See also T.D. 86-129 (June 26, 1986) (establishing a general policy for marking shoe boxes which states that marking on the bottom of the box is insufficient). In this case, involving the back support waistband, a purchaser is expected to review the information appearing on the back of the container concerning the use and features of the product. The country of origin appears in the bottom right hand corner of the back of the container, so it is slightly separated from the other product information and easily distinguished. Therefore, we find that the back of this container is a conspicuous location.

Section 134.46, Customs Regulations (19 CFR §134.46), requires that when the name of any city or locality in the U.S., or the name of any foreign country or locality other than the name of 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. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears. HQ 708994 (April 24, 1978). The purpose of 19 CFR §134.46 is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the origin of the imported article. In this situation, the country of origin marking "MADE IN MEXICO" or "CONTENTS MADE IN MEXICO" appears immediately above or below the U.S. address. The country of origin marking also is in equal size print or larger print than the U.S. address. Therefore, we find that the country of origin marking on the back support waistband containers satisfies the requirements of 19 CFR §134.46.

HOLDING:

Based on the information provided, the country of origin marking appearing on the submitted samples of the retail containers of the back support waistbands satisfies Customs statutory and regulatory requirements for conspicuousness and need not appear on the front of the container. The country of origin marking also complies with the requirements of 19 CFR §134.46.

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,

John Durant, Director
Tariff Classification Appeals Division

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