NY D81010 - COUNTRY OF ORIGIN MARKING OF AN IMPORTED CHILD HELMET. - United States International Trade Commision Rulings

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NY D81010

August 13, 1998

MAR-2 RR:NC:3:353 D81010

CATEGORY: MARKING

Mr. Mike Leahy
A.N. Deringer, Inc.
173 W. Service Road
Champlain, NY 12919

RE: COUNTRY OF ORIGIN MARKING OF AN IMPORTED CHILD HELMET.

Dear Mr. Leahy:

This is in response to your letter dated June 30, 1998, on behalf of Bell Sports Canada Inc., requesting a ruling on whether the proposed method of marking the container in which the Child Helmet is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported helmet. In addition, another marking appears on the cardboard box which is a country or locality other than the actual country of origin of the article. A marked sample container was submitted with your letter for review.

The imported item is a Child Helmet intended for bicycle and in-line skating use. The helmet will be imported in a retail cardboard box that identifies the product. At the bottom left side of the box are the statements "Made In Canada/Fabrique Au Canada" and "1995 Fisher-Price, Inc. Manufactured and Distributed by Cycle Products Company a division of Bell Sports Inc. Under license from Fisher-Price, Inc., East Aurora, NY 14052." The statements are in close proximity and are of comparable size.

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 child helmet 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, 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 child helmet by viewing the container in which it is packaged, the individual child helmet would be excepted from marking under this provision.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases 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, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, 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.

The Child Helmet which is imported in a container that is marked in the manner described above, is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). The proposed marking of the imported retail cardboard boxes, 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 child helmet.

Accordingly, marking the container in which the child helmet is imported and sold to the ultimate purchaser, in lieu of marking the article itself, is an acceptable country of origin marking for the imported child helmet provided the port 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 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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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