NY D84120 - COUNTRY OF ORIGIN MARKING OF IMPORTED ELECTRIC LAMPS - United States International Trade Commision Rulings

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NY D84120

November 20, 1998

MAR-2 RR:NC:2:227 D84120

CATEGORY: MARKING

Mr. Steven Napoleon
General Electric Company
Nela Park, Bldg. 327D
1975 Noble Road
Cleveland, OH 44112

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED ELECTRIC LAMPS

Dear Mr. Napoleon:

This is in response to your letter dated October 21, 1998, requesting a ruling on whether the proposed method of marking the container in which the merchandise is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported lamps. A marked sample container was not submitted with your letter for review.

You state that GE Lighting intends to import various finished miniature electric lamps produced in Hungary. The lamps will not be marked with the country of origin but the outer container will be marked "Made in Hungary". The subject goods will be shipped in the following four ways:

1. The lamps will be shipped via Houston, TX in-bond to Mexico. In Mexico, for export to the United States, some of the lamps will be repackaged into retail containers such as cards and blister packs. Each of these retail containers will be marked "Made in Hungary".

2. The remainder of the lamps of number 1 above will be bulked pack into corrugated boxes marked "Made in Hungary" and sold to manufacturers in the United States. These manufacturers will use the lamps in the production of automobiles and other hard goods.

3. Unmarked lamps will be shipped directly to the United States from Hungary in containers marked "Made in Hungary". The lamps will be sold in the marked shipping containers to manufacturers in the United States for use in the production of automobiles and other hard goods.

4. Unmarked lamps will be shipped directly to the United States from Hungary in containers marked "Made in Hungary" and sold in this form to a customer in the United States. This customer will repackage the lamps into retail containers such as cards, blister packs, etc. for sale to retail consumers.

The issue is whether each lamp must be marked with the country of origin or is the marking of the containers sufficient to satisfy the country of origin marking requirements.

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

The lamps of scenarios #1, #2 and #3 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 lamps 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 lamps provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

The lamps of scenario #4 which are imported in the manner described above, are not excepted from marking under 19 U.S.C. 1304 (a) (3) (D) and 19 CFR 134.32(d). Since the customer of GE Lighting will repackage the lamps into retail containers for sale at the retail level, neither Customs nor the importer will have control over whether the country of origin will be marked on the repackaged container. Therefore, each lamp must be marked with the country of origin.

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 George Kalkines at 212-466-5794.

Sincerely,

Robert B. Swierupski
Director,

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