NY 814083 - Country of Origin Marking of Imported Drain Heads - United States International Trade Commision Rulings

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NY 814083

September 11, 1995

MAR-2-73:S:N:N3:113 814083

CATEGORY: MARKING

Mr. Samuel Zekser
Sobel Shipping Co., Inc.
170 Broadway, Suite 1501
New York, NY 10038-4184

RE: Country of Origin Marking of Imported Drain Heads

Dear Mr. Zekser:

This is in response to your letter dated August 22, 1995, on behalf of Engineered Brass Co. requesting a ruling on whether it is acceptable to mark the container in which imported drain heads are repackaged in the U.S. with the country of origin in lieu of marking the article itself when no other markings appear on the article itself. A marked sample container was submitted with your letter for review.

The merchandise is a brass drain head or drain top which will be imported in bulk from Thailand, China, or Taiwan. After importation, these drain heads will be repackaged into boxes with a tailpiece and sold as a grid drain. The sample you provided is a box with a picture of the enclosed item, a description of the contents and a part number, a company logo, and the words "Engineered Brass Company, Franklin Park, IL 60131 drain head made in Thailand." The country of origin marking is in the same size, and in juxtaposition to the US address. The item will be sold to contractors to be installed in plumbing systems.

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.

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. Section 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 drain heads is the consumer who purchases the product at retail.

2

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.

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. However, since the drain heads are not imported in their marked retail container, whether the subject articles are excepted from individual marking under 19 CFR 134.32(d) is for the district director to decide. In this regard section 134.34, Customs Regulations (19 CFR 134.34), provides that an exception may be authorized in the discretion of the district director under 19 CFR 134.32(d) for imported articles which are to be repacked after release from Customs custody under the following conditions: (1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S.; (2) The importer arranges for supervision of the marking of the containers by Customs officers at the importer's expense or secures such verification, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry.

In this case, assuming that the district director is satisfied that the imported drain heads will be repacked in the manner described above, and that the other conditions set forth in 19 CFR 134.34 are met, the district director may authorize an exception under 19 CFR 134.32(d), in which case marking of the imported individual drain heads will not be required. 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
New York Seaport

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