NY R01260 - THE COUNTRY OF ORIGIN MARKING OF GLASS, PORCELAIN AND BONE CHINA ITEMS - United States International Trade Commision Rulings

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NY R01260

February 4, 2005

MAR-2 RR:NC:126:NY R01260

CATEGORY: MARKING

Mr. Franz-Ferdinand Kress
Kress International Importers
P.O. Box 5786
Naperville, IL 60567-5786

RE: THE COUNTRY OF ORIGIN MARKING OF GLASS, PORCELAIN AND BONE CHINA ITEMS

Dear Mr. Kress:

This is in response to your letter dated January 5, 2005 requesting a ruling on whether your proposed marking described below is an acceptable country of origin marking for imported glass, porcelain and bone-china products. A marked sample was not submitted with your letter for review.

In your letter you proposed that the gift boxes for these products would be marked with the words “Made in European Community (Czech Republic)” or “Made in European Community (Germany).” You asked whether or not this proposed marking would be acceptable.

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 CFR 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 CFR 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 CFR 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.

There are two issues raised by your ruling request. The first is whether the marking of the gift box rather than the article itself satisfies the marking requirements.

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

The marking regulations require that the imported article itself be marked with the product’s country of origin. Marking of the immediate outer container of the article – e.g., the gift box, instead of marking the article itself, would be acceptable only if one could be certain that the merchandise would be received by the ultimate purchaser in the marked container. On the other hand, if the unmarked article could be removed from the marked box and sold to the ultimate purchaser without the marked box, marking of the box rather than the article itself would not be acceptable.

In order to determine whether marking of the box as opposed to marking the article itself is acceptable, you must present evidence to the Port Director at the port of entry for the imported merchandise indicating whether the article is ever removed from the box and sold to the ultimate purchaser without the box. Marking the box, rather than the article, would be acceptable only if the Port Director is satisfied based on the information which you present that the imported article is never removed from the box prior to its sale to the ultimate purchaser. The Port Director must be satisfied that the consumer always received the article in the marked box.

The second issue raised by your ruling request is whether your proposed marking referring to “European Community” is acceptable. The marking regulations require that imported merchandise be marked with the product’s country of origin. “European Community” is not a country of origin. It has been held that marking a product with the words “European Economic Community” or “European Community,” (or with the abbreviations “EEC” or “EC”) is not acceptable marking under 19 U.S.C. 1304 and 19 CFR Part 134.

The proposed marking described in your ruling request would indicate “Made in European Community (Czech Republic)” or “Made in European Community (Germany).” This proposed marking is not an acceptable country of origin marking under 19 U.S.C. 1304 and 19 CFR Part 134, because “European Community” is not a country of origin. The words “Made in European Community” never constitute acceptable marking (whether or not the correct country of origin is indicated in parentheses).

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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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