MAR-2-05 CO:R:C:S 558800 DEC
Ms. Debbie DePue
Vice President Marketing
Miracle Point
P.O. Box 71
Crystal Lake, Illinois 60039
RE: Country of origin marking for pliers; Close proximity; 19
CFR 134.43;
19 CFR 134.24; 19 CFR 134.46
Dear Madam:
This is in response to your letter dated September 20, 1994,
concerning the acceptability of the proposed country of origin
marking of your company's product packages containing Miracle
Point Pliers.
FACTS:
Miracle Point imports plier blanks from Pakistan for the
purpose of applying its patented sharpening process, finishing,
and packaging for sale to retailers. The pliers are marked
"Pakistan". You request a ruling with respect to the propriety
of offering the product in packaging which is not marked "Made in
Pakistan." You submitted two unfinished sample plier blanks with
"Pakistan" etched on the top portion of the pliers just below the
gripping portion of the pliers. In addition, you submitted two
finished and packaged products. Both of these pliers have
"Pakistan" etched on the inside of one of the handles, although
the country of origin marking is covered by the black handle
covering. The back of the packaging contains words describing
the attributes of the Miracle Point Pliers as well as the
company's location, Crystal Lake, Illinois. There is no other
language on the retail packaging indicating a country of origin
of the article. The Miracle Point Pliers are sold at retail in a
sealed blister package which the purchaser ordinarily will not
open to inspect prior to purchase.
ISSUE:
What are the country of origin marking requirements
applicable to the piers packaged in the manner described above?
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 United States 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 United
States the English name of the country of origin of the article.
Congressional intent in enacting 19 U.S.C. 1304 was "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." United States v.
Friedlaender & Co., 27 C.C.P.A. 297, 302 (1940). Part 134 of the
Customs Regulations implements the country of origin marking
requirements and exceptions of 19 U.S.C. 1304. Section
134.41(b), mandates that the ultimate purchaser in the United
States must be able to find the marking easily and read it
without strain.
Section 134.43 requires that certain types of articles be
marked in a specified manner. Pliers are specifically identified
in this regulatory provision as articles that must be marked
legibly and conspicuously by die stamping, cast-in-the-mold
lettering, etching, or engraving. Although pliers are subject
to the special marking requirements of section 134.43, Customs
Regulations (19 CFR 134.43), Customs has previously ruled that
such articles may be excepted from individual marking if the
marking of their containers will satisfy the requirements of 19
CFR 134.32(d). Headquarters Ruling Letter (HRL) 733301, dated
August 8, 1990, and HRL 732437, dated October 4, 1989. If the
containers are sold without normally being opened by the ultimate
purchaser in accordance with 19 CFR 134.24(d)(2), the containers
shall be marked to indicate the country of origin of their
contents. The special marking requirements of 19 CFR 134.43 would
not apply to the Miracle Point Pliers if this were the situation.
The Miracle Point Pliers are sold at retail in a sealed
blister package that the ultimate purchaser ordinarily will not
open prior to purchasing the product. On the back of the
packaging there is a reference to Crystal Lake, Illinois.
Section 134.46, Customs Regulations (19 CFR 134.46), applies to
situations in which a locality other than the locality in which
an article was manufactured or produced appears on the article or
its container. Section 134.46 provides that
In any case in which the words "United States," or
"American,"
the letters "U.S.A.," any variation of such words or
letters, or the
name of any city or locality in the United States, or
the name of
any foreign country or locality other than the country
or locality
in which the article was manufactured or produced,
appear 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.
In order to satisfy the country of origin marking requirements,
the retail packaging, which contains a reference to Crystal Lake,
Illinois, must include a legible statement that is in close
proximity and in comparable size to the Illinois reference
indicating that the pliers are "made in" or are a "product of"
Pakistan. Without this marking, the reference to Crystal Lake,
Illinois would likely confuse the ultimate purchaser regarding
the origin of the pliers. Customs has held that to be deemed "in
close proximity", the country of origin information must be
visible simultaneously with the reference to the place other than
the country of origin, without any manipulation of the article or
container. HRL 730945, dated August 11, 1988.
If the Crystal Lake, Illinois reference is deleted from the
packaging, placing a conspicuous and legible country of origin
marking (in the manner prescribed by 19 CFR 134.43) on the top
side of the pliers that could be easily read through the blister
packaging would be a sufficient marking. The placement of the
country of origin marking on the inside of the handle of the
Miracle Point Pliers that is covered by the molded plastic handle
covering is not conspicuous. It is impossible for an ultimate
purchaser to ascertain the country of origin of this product
without removing the article from its blister package and sliding
the handle cover off to reveal the hidden country of origin
marking that is etched into the handle of the pliers.
HOLDING:
The retail packaging that includes a reference to "Crystal
Lake, Illinois" on the back of the package should also include,
in close proximity to such words, and in at least a comparable
size, a legible and permanent reference to the pliers' country of
origin (Pakistan) preceded by "made in", "product of", or words
of similar meaning. If the words "Crystal Lake, Illinois" are
deleted from the packaging, legibly marking the pliers by die
stamping, cast-in-the mold lettering, etching or engraving so
that the country of origin can be easily read through the blister
packaging is acceptable.
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is entered. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer.
Sincerely,
John Durant
Director, Commercial Rulings Division