MAR 2-05 CO:R:C:V 732099 pmh

Mr. C.K. Murphy
Eveready Battery Company, Inc.
Checkerboard Square
St. Louis, MO 63164

RE: Country of origin marking requirements for miniature lamp bulbs

Dear Mr. Murphy:

This is in response to your letter of January 23, 1989 requesting a ruling on country of origin marking requirements for imported lamp bulbs that will be sold at retail in individual generic cartons. We regret the delay in responding.

FACTS:

You indicate that Eveready (the importer) will be importing miniature lamp bulbs from several different countries and repackaging them in Mexico. Each of the bulbs will be marked with the correct country of origin. You are planning to use a generic individual resale carton with the lamp type printed on each carton. The resale carton would also be marked "See Bulb for Country of Origin." You have submitted a sample retail carton for our inspection. The carton measures approximately 4" by 2" by 1" deep. Printed along one side panel of the carton are the words "See bulb for country of origin."

ISSUE:

Whether imported lamps that are individually marked with the country of origin may be sold in retail containers that are marked with the words "See bulb for country of origin."

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 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 evident purpose is

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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 at 302 (1940).

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)), provides that the marking of an imported product must be conspicuous enough so that the ultimate purchaser will be able to find the marking easily and read it without strain.

In this case, you have submitted a sample of the retail container of an imported product, but have not submitted a sample bulb. Since the country of origin marking will appear on the individual bulbs, we are unable to rule definitively on whether the country of origin marking in this case is acceptable.

However, assuming the country of origin marking on the bulbs satisfies the requirements of 19 U.S.C. 1304 and 19 CFR 134.41, it is acceptable to mark the retail container with the words "See bulb for country of origin." In ruling 732374, issued July 7, 1989, Customs determined that the language "Refer to neck label for country of origin" printed on the outside of a poly bag containing men's dress shirts, was acceptable if the neck label displaying the name of the country of origin in each shirt was easily visible to the ultimate purchaser. Likewise, in this case, so long as the retail container remains unsealed at the time of retail sale so that the ultimate purchaser is able to open the container and easily view the country of origin marking on the bulbs, the proposed language on the retail container is acceptable.

HOLDING:

It is acceptable to mark the retail container of imported lamp bulbs with the words "See bulb for country of origin," if the container is not sealed at the time of retail sale and the lamp bulb is otherwise marked in compliance with 19 U.S.C. 1304 and 19 CFR 134.41.

Sincerely,

Marvin M. Amernick,
Chief, Value, Special Programs
and Admissibility Branch