MAR-2-05 CO:R:C:V 732572 EAB
John M. Peterson, Esquire
Neville, Peterson & Williams
39 Broadway
New York, NY 10006
Re: Country of origin marking requirements of disposable
packages containing infant socks
Dear Mr. Peterson:
This is in reply to your letter dated July 19, 1989,
requesting a ruling on the marking requirements of disposable
packages containing infant socks made in Korea for your client,
Gold, Inc. We regret the delay in responding.
FACTS:
Your client imports infant socks made and packaged in Korea
for sale in the U.S. Two pairs of socks are packaged in a
disposable, sealed, clear plastic bag containing a foldover
cardboard advertising card. It is clear that the socks are
designed to be sold to the ultimate purchaser in the sealed,
plastic bag. On the back of the card are printed fabric content
information, a bar code, a marketing photograph and the following
country of origin marking:
Made in Korea for:
(Logo)
(U.S. ADDRESS OF
YOUR CLIENT)
The marking and address are printed in dark blue on a pale green
field. The origin marking is in bold upper and lower case
letters; the U.S. address is printed in upper case letters of the
same size as the upper case lettering in the origin marking.
ISSUE:
Whether indicating the country of origin in the manner
indicated is in compliance with 19 CFR 134.46.
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), requires 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.
Marking the country of origin on the package rather than the
article itself complies with 19 CFR 134.24(d)(2), which provides
that disposable containers or holders of imported merchandise,
which are sold without normally being opened by the ultimate pur-
chaser, shall be marked to indicate the country of origin of the
contents. While it is acceptable to mark the package in lieu of
its contents, the marking regulations also reflect a concern
that the ultimate purchaser in the U.S. must be able to find the
marking easily and read it without strain. 19 CFR 134.41(b).
When the name of any city or locality in the U.S., other
than the country or locality in which the article was manufac-
tured or produced, appears on an imported article or its contain-
er, there shall appear, legibly and permanently, in close proxi-
mity 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. 19 CFR 134.46.
In this case, we find that the country of origin marking
phrase "Made in Korea for:" is in close proximity to the U.S.
address and in a comparable size, is legible and permanent, and
is easily found and read without strain, cf HQ 730190, September
6, 1988, where the marking at the end of the importer's quality
standards declaration was not readily visible.
HOLDING:
The country of origin marking of disposable packages
containing infant socks, as set forth herein, is acceptable and
complies with 19 CFR {{134.24(d)(2), 134.41(b) and 134.46.
Sincerely,
Marvin M. Amernick, Chief
Value, Special Programs and
Admissibility Branch