MAR-2-05: CO:R:C:S BLS 558026
Mr. Lawrence R. Pilon, Esq.
Hodes & Pilon
33 North Dearborn, Suite 2204
Chicago, Illinois 60602-3109
RE: Country of origin marking for a dental syringe; instruction
booklet;
19 CFR 134.46
Dear Mr. Pilon:
This is in reference to your letter dated July 20, 1994, on
behalf of GC America, Inc., requesting that we reconsider
Headquarters Ruling Letter (HRL) 735065 dated April 22, 1994, to
the extent the ruling required country of origin markings to be
placed on an instruction pamphlet enclosed in a container which
includes the subject merchandise, a dental syringe.
FACTS:
GC America intends to assemble dental syringe parts imported
by Towne International, Inc.
The syringe is used by dental care professionals for the
extrusion of impression compounds. The imported parts, a barrel
and a plunger, are made in Pakistan. The parts are imported
loose in containers, which will.be marked with the country of
origin of the parts. The plunger cap is -etched with the word
"COE", the name under which the plunger is sold. The word
"PAKISTAN" is printed on the plunger base. The word "stainless"
is printed on the barrel. After purchase from Towne
International, Inc., the parts are shipped to GC America where
they will be assembled into finished syringes and individually
boxed. The box in which the syringe will be sold to the dentist
is printed on two end flaps:
GC AMERICA,
INC.
CHICAGO, IL
60658
MADE IN
PAKISTAN
PRINTED IN
U.S.A.
The box also contains certain accessories and an instruction
pamphlet, which has GC
America, Inc., and its address printed on it in two places.
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In HRL 735065, we addressed the country of origin marking
requirements only with
respect to the container and the instruction pamphlet. We held
that the country of origin marking on the box of the dental
syringe satisfied the requirements of 19 U.S.C. 1304 and 19 CFR
Part 134. However, because the marked syringe will be repacked
in the U.S., we found that the importer will be required to file
a repacking certificate pursuant to 19 CFR 134.26. We also
found that the company name and U.S. address printed on the
instruction pamphlet triggered the requirements of 19 CFR 134.46.
Therefore, pursuant to 19 CFR 134.46, we required that both
locations on the instruction pamphlet be printed with the same
information as appears on the box. You believe we erred in
finding that the requirements of 19 CFR 134.46 are applicable to
the instruction booklet, and request that the ruling be modified
accordingly.
ISSUE:
Whether the requirements of 19 CFR 134.46 are triggered by a
company name and U.S. address printed on an instruction pamphlet
enclosed in a container with the imported dental syringe.
LAW AND ANALYSIS:
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 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. The purpose of
the marking statute is set out in United States v. Friedlaender &
Co., 27 CCPA 297 at 302, C.A.D. 104 (1940), where the court
stated that: "Congress intended that the ultimate purchaser
should be able to know by an inspection of the marking on 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."
Section 134.46, Customs Regulations (19 CFR 134.46),
requires that when the name of any city or locality in the U.S.,
or the name of any foreign country or locality other than the
name of the country or locality in which the article was
manufactured or produced, appears on an imported
article or its container, 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. The purpose of 19 CFR 134.46 is to prevent the
possibility of misleading or deceiving the ultimate purchaser as
to the origin of the imported article. See HRL 734505 dated
August 27, 1992. Customs has ruled
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that in order to satisfy the close proximity requirement, the
country of origin marking must appear
on the same side(s) or surface(s) in which the name of the
locality other than the country of origin appears. See HRL
708994 dated April 24, 1994.
In C.S.D. 90-31 (December 20, 1989), Customs indicated that
under certain conditions, geographic names appearing in
connection with imported articles do not necessarily trigger the
requirements of 19 CFR 134.46 if the context in which the names
and addresses were used was such that confusion regarding country
of origin was not possible. See, e.g., HRL 732816 dated
November 24, 1989 (address printed on display ticket was provided
to assist customer in the event of questions concerning
guarantees); HRL 733840 dated February 1, 1991 (garment hang tags
included a telephone number of the company and language which
invited the customer to contact the company for informational
purposes); and HRL 735318 dated October 18, 1993 (U.S. address
printed on installation/warranty sheet included in a cardboard
box with the article did not connote origin, but invited
customers to contact the company for product information.)
In the instant case, the company name and U.S. address are
located on the instruction booklet in places which invite
customers to contact the company should questions arise
pertaining to the assembly of the syringe and its use. Thus, as
in HRL 735318, the U.S. location on this booklet cannot cause
confusion as to the country of origin. Further, the instruction
booklet is enclosed within the article's container and so is not
visible to the ultimate purchaser at the point of sale.
Accordingly, we find that the requirements of 19 CFR 134.46 are
not triggered by the company name and U.S. address printed on the
instruction booklet.
HOLDING:
The references to "GC America Inc.", accompanied by a U.S.
address, printed on an instruction booklet which is enclosed in a
box containing a dental syringe, does not trigger the
requuirements of 19 CFR 134.46. HRL 735065 is modified
accordingly.
Sincerely,
John Durant, Director
Commercial Rulings Division