HQ 735379 - - United States International Trade Commision Rulings

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HQ 735379

June 15, 1994

MAR-2-05 CO:R:C:V 735379 AT

CATEGORY: MARKING

Mr. Donald W. McMahan
Norgren
5400 South Delaware Street
Littleton, Colorado 80120-1663

Dear Mr. McMahan:

This is in response to your letter dated September 28, 1993, concerning the country of origin marking requirements for imported gauges. A sample gauge and its retail container were submitted with your letter for review. We regret the delay in responding.

FACTS:

You state that Norgren imports gauges into the U.S. which are manufactured in the United Kingdom. For purposes of this ruling, we assume that the imported gauges are to be sold by Norgren to retail stores. The sample gauge is marked on the front plate with the words "Made in U.K." in gold lettering approximately 4 point (a point is a unit of measurement approximately equal to 0.01384 inches or nearly 1/72 inches). No other origin markings appear on the gauge. The retail box is marked on the front panel with the country of origin marking "Made in U.K." by means of a paper label securely affixed to the box. A second label is affixed directly to the right of the origin label indicating the quantity, part number and the part description of the article. The top and bottom flaps are sealed by adhesive tape. Presently, the imported gauges and their retail boxes are marked with the country of origin "Made in U.K." in this fashion. You have requested whether it would be acceptable to mark only the retail container with the country of origin in lieu of marking the article itself. ISSUE:

Do the gauges have to be individually marked with their country of origin if the retail container in which the gauges are imported and sold to the ultimate purchaser is marked with the country of origin in the manner specified above?

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 134.31(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. Section 134.1(d), Customs Regulations (19 CFR 134.1(d)), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the gauges is the consumer who purchases the product at retail.

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. Accordingly, the marking of a container in lieu of the article itself is acceptable if the article is imported in a properly marked box and Customs is satisfied that in all foreseeable circumstances the article will reach the ultimate purchaser in a properly marked container.

The sample retail box is legibly, conspicuously and permanently marked to indicate the country of origin of the gauge. The country of origin marking "Made in U.K." which appears on the front panel of the cardboard box is easy to find and read. Also, because the cardboard box is permanently sealed and contains information about the product (e.g. quantity, part number and the part description), it is clear the product is designed to be sold to the ultimate purchaser in the cardboard boxes. Although, the country of origin marking that appears on the box is not the full name "United Kingdom" but is an abbreviation of the name instead, Customs has ruled that "U.K." is an acceptable country of origin marking for the United Kingdom (see, T.D. 74-103(1), April 17, 1974)). Accordingly, we find that the individual gauges are excepted from marking under 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d), provided the cardboard boxes are marked with the country of origin in the manner described above.

HOLDING:

Gauges which are imported in sealed cardboard boxes that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d).

Sincerely,

John Durant, Director

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