NY 818469 - COUNTRY OF ORIGIN MARKING OF IMPORTED AUDIO SPEAKERS; Article 509 - United States International Trade Commision Rulings

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NY 818469

March 6, 1996

MAR-2 RR:NC:MA:109 818469

CATEGORY: MARKING

Mr. Harvey A. Issacs
Tompkins & Davidson
One Astor Plaza
1515 Broadway, 43rd Floor
New York City, New York 10036-8901

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED AUDIO SPEAKERS; Article 509

Dear Mr. Issacs:

This is in response to your letter dated January 22, 1996 requesting a ruling on whether the proposed method of marking the container in which audio speakers are imported with a geopolitical region along with the country of origin and the names of foreign countries, other than the country of origin where the components of the speakers are manufactured, is acceptable. The two examples provided in your letter are as follows:

1) "Assembled in Baja Ca. [or Sonora] (Mexico) using components made in the U.S.A., Mexico, China [etc.]" or,

2) "Assembled in Baja Ca. [or Sonora], Mexico, using components made in the U.S.A., Mexico, China, [etc.]."

This marking is proposed in lieu of marking the article itself as an acceptable country of origin marking for the imported audio speakers. A marked sample container was not submitted with your letter for review.

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 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.

The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the interim amendments to the Customs Regulations published as T.D. 94-4 (59 Fed. Reg. 109, January 3, 1994) with corrections (59 Fed. Reg. 5082, February 3, 1994) and T.D. 94-1 (59 Fed. Reg. 69460, December 30, 1993). These interim amendments took effect on January 1, 1994 to coincide with the effective date of the NAFTA. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in T.D. 94-4 (adding a new Part 102, Customs Regulations). The marking requirements of these goods are set forth in T.D. 94-1 (interim amendments to various provisions of Part 134, Customs Regulations).

Section 134.45(a)(2) of the interim regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the interim regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.

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) of the interim regulations, provides that the ultimate purchaser of a good of a NAFTA country is the last person in the United States who purchases the good 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.

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, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the audio speakers by viewing the container in which it is packaged, the individual audio speakers would be excepted from marking under this provision.

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. The first example given in your letter does not meet this requirement in that "Mexico" is in parenthesis which does not give "Mexico" the same relevance as "Baja Ca. [or Sonora]." The second example provided is acceptable in that "Mexico" is clearly indicated as the country of assembly.

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.

Audio speakers which are imported in containers 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). Accordingly, marking the container in which the audio speakers are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported audio speakers provided the district director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Phil Carabetta at 212-466-5673.

Sincerely,

Roger J. Silvestri
Director

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