NY C80457 - COUNTRY OF ORIGIN MARKING OF IMPORTED DESK PHONE - United States International Trade Commision Rulings

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NY C80457

November 3, 1997

MAR-2 RR:NC:MM:109 C80457

CATEGORY: MARKING

Mr. Peter Jay Baskin
Sharretts, Paley, Carter, and Blauvelt, P.C. 67 Broad Street
New York, NY 10004

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED DESK PHONE

Dear Mr. Baskin:

This is in response to your letter dated October 6, 1997, requesting a ruling on whether the proposed marking,

"Custom Manufactured in China for RadioShack, A Division of Tandy Corporation, Fort Worth, Texas 76102,"
is an acceptable country of origin marking for the imported Desk Phone. Your request involves several marking issues. The first issue is whether the proposed marking satisfies the marking requirements to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. The second issue is whether the proposed marking satisfies the marking requirements if the article itself is marked with the proposed country of origin marking, but the unsealed disposable container in which the article is imported is not marked and no misleading markings appear on the container. The third issue is whether the proposed marking is an acceptable country of origin marking for the imported Desk Phone if it includes "A Division of Tandy Corporation, Fort Worth, Texas 76102" which is a locality other than the actual country of origin of the article. A marked sample was submitted with your letter for review.

Your request is on behalf of your client, A & A International, and concerns their Desk Phone (Cat. No. 43-475). The proposed marking is situated on the bottom of the telephone. It appears on a metal plate incorporated into the base of the set along with the serial number, the model number, and FCC information. It is printed in easily readable white lettering against a black background. Both lines are printed together, one under the other, as a single statement. The container is a standard type retail box. It has a tab insert to keep the top closed. The box is not marked with the product's country of origin, and does not contain any marking that would indicate a country or locality other than the actual country of origin. The box will be unsealed, thereby allowing potential purchasers to examine the telephone prior to purchase. In addition, you state that one Desk Phone will be on display at each and every RadioShack store where the product will be sold, thus enabling potential purchasers to learn the telephone's country of origin. This is a common practice with this type of consumer product.

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.

In NY 899898, the proposed marking "Designed by AT&T for custom manufacture in Singapore" was found to be an acceptable country of origin marking. Therefore, with regard to the first issue, the proposed marking of the imported Desk Phone, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported Desk Phone.

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 imported Desk Phone is the consumer who purchases the product at retail.

The marking requirements for unsealed disposable containers of imported merchandise are set forth in section 134.24(d), Customs Regulations (19 CFR 134.24(d)). This section provides that "if the container is normally opened by the ultimate purchaser prior to purchase, only the article need be marked."

With regard to the second issue, the imported Desk Phone is the type of article that a prospective purchaser would take out of its container to examine prior to purchase, and therefore the unsealed disposable containers are not required to be marked under 19 CFR 134.24(d). Properly marking the imported Desk Phone with the country of origin in the manner described above satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported Desk Phone.

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.

With regard to the third issue, the proposed marking of the imported Desk Phone, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported Desk Phone.

Therefore, the proposed marking of the imported Desk Phone, as described above, with regard to the aforementioned issues, has satisfied the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported Desk Phone.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

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 Eileen S. Kaplan at 212-466-5673.

Sincerely,

Robert B. Swierupski
Director,

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