HQ 734234 - Country of origin marking of "Quiltmaster" drawing instruments, individually sealed on cardboard placards on which appear a locality marking other than the country of origin of the articles' manufacture. Ultimate purchaser; 19 CFR - United States International Trade Commision Rulings

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HQ 734234

December 4, 1991

MAR-2-05 CO:R:C:V 734234 GRV

CATEGORY: MARKING

Mr. Kenneth A. Hough, President
Winter Park Warehousing & Shipping
P.O. Box 1059
Oviedo, FL 32765

RE: Country of origin marking of "Quiltmaster" drawing instruments, individually sealed on cardboard placards on which appear a locality marking other than the country of origin of the articles' manufacture. Ultimate purchaser; 19 CFR
134.1(d)(3); article marking; 19 CFR 134.46; container marking

Dear Mr. Hough:

This is in partial response to your letter of June 3, 1991, addressed to the National Import Specialist in New York, inquiring, inter alia, as to the country of origin marking requirements applicable to "Quiltmaster" drawing instruments individually sealed on cardboard placards from England. A copy of your letter and the product sample submitted were forwarded to this office for a direct reply. Further information submitted in a letter dated November 1, 1991--and clarified in a telephone conversation with a member of my staff on November 22, 1991, was considered in this ruling.

FACTS:

The "Quiltmaster" drawing instrument is manufactured in England for distribution in the U.S. The "Quiltmaster" is made of clear plastic and measures approximately 14 inches long by 1 5/8 inches wide at the straight end and 3 7/8 inches wide at the circular end. All markings on the "Quiltmaster" are printed in black ink, which are clearly visible and legible. Although the article submitted is not marked to indicate its country of origin --the package is marked in lieu of the article, you stated that the model to be manufactured for U.S. distribution will be marked "MADE IN ENGLAND" in approximately 3-4 point print at the bottom of the straight end. The "Quiltmaster" will be imported and sold in individual packages--blister wrapped on cardboard placards, which will denote your company's U.S. address and phone number on the back of the placard, near the bottom, in upper and lower case letters. Also on the back of the placard, at the bottom, the country of origin will be denoted in close proximity and in approximately 6-point print in capital letters, which accords with the size of your company's information, preceded by "MADE IN ...."

ISSUES:

I. Is the country of origin marking on the "Quiltmaster" article sufficient to meet the requirements of 19 U.S.C. 1304 and 19 CFR 134.41?

II. Does the country of origin marking on the blister package meet the marking requirements of 19 CFR 134.46.

LAW AND ANALYSIS:

The marking statute, 304 of the 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 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 purpose of this provision is to permit the "ultimate purchaser" in the U.S. to choose between domestic and foreign- made products, or between the products of different foreign countries. See, United States v. Friedlaender & Co., C.A.D. 104, 27 CCPA (1940); National Juice Products Association v. United States, 10 CIT 48, 628 F.Supp. 978 (1986). The "ultimate purchaser" is defined generally as the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.1(d). If an article is to be sold at retail in its imported form, the purchaser is the "ultimate purchaser." 19 CFR 134.1(d)(3). Marking is deemed conspicuous for purposes of the marking laws if it is such that the ultimate purchaser can find it easily and read it without strain. 19 CFR 134.41(b).

In this case, the country of origin marking to be employed in marking the "Quiltmaster" article itself is found to meet the conspicuous marking requirements of 19 U.S.C. 1304 and 19 CFR 134.41(b) in that it is clearly visible and legible so that ultimate purchasers can easily find and read it without strain.

Addressing the country of origin marking on the package, where locations other than the country of origin of the merchandise appear on an imported article, 134.46 imposes further marking requirements. This regulation provides that:

[i]n 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, appear 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 purpose of this regulation is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the origin of the imported article. 19 CFR 134.36(b).

In this case, the country of origin marking to be employed in marking the back of the blister packages meets the marking requirements of 134.46 in that it will be in close proximity to the U.S. address information--near the bottom of the back (non- display side) of the placard, and in the same print--in capital letters--as the U.S. designation, preceded by "MADE IN ...."

HOLDING:

If the country of origin marking is as described on the "Quiltmaster" article--marked "MADE IN ENGLAND" in capital letters printed in black ink in approximately 3-4- point print, then it will be sufficient to meet the conspicuous requirements of 19 U.S.C. 1304 and 19 CFR 134.41(b) in that it will be clearly visible and legible for ultimate purchasers to see and read.

If the country of origin marking is as described on the back of the blister packages--marked "MADE IN ENGLAND" in capital letters printed in black ink in approximately 6-point print, then it will conform to the requirements of 134.46 in that it will be in close proximity to the U.S. address information--near the bottom of the back side of the placard, in the same print size as the U.S. designation--in approximately 6-point print, preceded by "MADE IN ...."

Sincerely,

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