NY D87210 - The country of origin marking of disposable camera from China - United States International Trade Commision Rulings

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February 18, 1999

MAR-2 RR:NC:MM:114 D87210

CATEGORY: MARKING

Mr. J. Epstein
W.N. Epstein & Co., Inc.
4433 Woodson Road
St. Louis, Missouri 63134

RE: The country of origin marking of disposable camera from China

Dear Mr. Epstein:

This is in response to your letter dated January 27, 1999, on behalf of Kalimar, Inc., requesting a ruling on whether the proposed marking of the disposable camera is an acceptable country of origin marking. A marked sample was submitted with your letter for review.

The submitted item number 03688 is a Kalimar Super View Contour 27 disposable 35mm camera with 27 exposures. The single use camera is focus-free, contains a built-in electronic flash and capable of being used indoors and outdoors. The camera has the additional features of a 200 percent larger viewfinder and a pictures remaining window. When the pictures remaining window reads 0 the camera is ready to give to a film processor for developing and will not be returned.

The Kalimar Super View Contour 27 Camera will be imported and sold to consumers in a clear plastic blister pack, which will contain a paper insert, as well as the camera. The sheet of paper is printed on both sides with a brief description of the camera. A piece of paper, printed on one side and coated with pressure-sensitive adhesive on the other, is fit over the front, bottom and back of the camera. The sample submitted is marked for country of origin on the paper covering the bottom of the camera. The marking consists of the words CAMERA MADE IN CHINA and the words FILM MADE IN ITALY printed directly below.

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.

As provided in section 134.41(b), Customs Regulations (19 C.F.R. §134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 C.F.R. §134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 C.F.R. §134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

As presented, the marked sample submitted with your letter is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 C.F.R. Part 134 and is an acceptable country of origin marking for the imported camera. The country of origin marking should indicate the country of origin of the imported article which, in this case, is a disposable camera. The country of origin of the film does not impart country of origin information for the camera and is not required. The imported article, the disposable camera, should be marked with the country of origin. No additional country of origin marking is required.

The letter submitted for review states that some film will be made in Italy and some film will be made in Germany. You propose marking the disposable camera with the printed words CAMERA MADE IN CHINA and the words FILM MADE IN ITALY OR GERMANY printed directly below. Your proposed marking of the disposable camera is not an acceptable country of origin marking for the imported camera.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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. The purpose of the marking statute is outlined in United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940), where the court stated that: "Congress intended that the ultimate purchaser should be able to know by an inspection of the marking of the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." In this case, the marking FILM MADE IN ITALY OR GERMANY indicates two locations and tends to confuse an ultimate purchaser as to the actual country of origin of the film.

In American Burtonizing Co. v. United States, 13 Ct. Cust. Appls. 652., T.D. 41489 (1926), the Court of Appeals stated that: Obviously, the purpose of section 304, which goes into great detail as to how the marking shall be done, was to require a marking such as would be understood by purchasers of foreign-made goods as giving definite and reliable information as to the country of origin. It is not reasonable to suppose that Congress, by the use of the word indicate meant only that the words used should hint at the country of origin. The object sought to be obtained by the legislature could best be obtained by an indication which was clear, plain and unambiguous and which did more than merely hint at the country of origin. Although the country of origin marking MADE IN CHINA would satisfy 1304 if it was the only marking on the camera, as a result of the additional marking proposed, FILM MADE IN ITALY OR GERMANY, the country of origin marking on the article would not be clear, plain, and unambiguous.

In order to satisfy the requirements of 19 U.S.C. 1304, the imported article, the disposable camera, may be marked with the words MADE IN CHINA, MADE IN CHINA FILM MADE IN ITALY, or MADE IN CHINA FILM MADE IN GERMANY.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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