NY H81905 - Country of origin marking of imported printed instruction booklets. - United States International Trade Commision Rulings

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NY H81905

June 12, 2001

MAR-2 RR:NC:2:234 H81905

CATEGORY: MARKING

Ms. Barbara Dawley
Meeks & Sheppard
Attorneys at Law
1735 Post Road, Suite 4
Fairfield, Connecticut 06430

RE: Country of origin marking of imported printed instruction booklets.

Dear Ms. Dawley:

This is in response to your letter dated June 5, 2001, on behalf of your client, Lifescan, Inc., located in Milpitas, California, requesting a ruling on whether marking the container in which the subject instruction booklets are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported instruction booklets. A marked sample container was not submitted with your letter for review.

The subject articles are printed instruction booklets that will be imported in bulk or as part of a finished retail package containing a blood glucose monitor. At the time of importation, the outer cartons of the bulk packaged booklets will be marked with the country of origin in accordance with the applicable marking requirements.

These booklets will be printed in various countries around the world. Some of the booklets will be imported into the U.S. by Lifescan, Inc., for exclusive use as part of their retail packaged blood glucose monitoring system (“kit”) which is assembled and packaged in the U.S. Other booklets will be imported by Lifescan as part of finished retail packages containing blood glucose monitors which are assembled and packaged outside the U.S. All these kits are sold to and used by persons diagnosed with diabetes to monitor their whole blood glucose levels. In addition to the instruction booklet, each kit contains a test meter, test strips, a carrying case, blood sampler, lancets, check strips, glucose control solution, logbook, and battery.

The individual articles contained within the set are produced in the U.S. or are imported articles of foreign origin. The instruction booklet is only available as part of the kit and is never sold to or given to consumers or any other users as a separate article. In addition, the subject matter of the booklet pertains wholly to the operation of the blood monitoring system and has no independent value or use apart from the instruments and apparatus in the kit. From a comparative cost perspective, the booklet represents less than 1% of the standard production cost for the entire kit.

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 subject instruction booklet, imported in bulk, is your client, Lifescan, Inc.

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 subject instruction booklets by viewing the container in which it is packaged, the individual instruction booklet would be excepted from marking under this provision.

Instruction booklets,which are imported in bulk in containers that are marked “in accordance with the applicable marking requirements” 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 instruction booklets 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 instruction booklets provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

Country of origin marking requirements for imported retail packaged blood glucose monitors, whether or not containing instruction booklets, are not addressed in this ruling.

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 Carl Abramowitz at 212-637-7060.

Sincerely,

Robert B. Swierupski
Director,

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