MAR-2-05 CO:R:C:V 734485 KR
Mr. Michael Mingione
Unitec Division of Dejil Industries Inc.
33 Plainfield Ave.
Bedford Hills, NY 10507
RE: Country of origin marking of socket and spanner tool sets;
19 CFR 134.46; 19 CFR 134.32(d); conspicuous.
Dear Mr. Mingione:
This is in response to Tronix-Two International, Inc.'s
letters dated January 17, 1992, and April 1, 1992, requesting a
country of origin ruling on Metrinch Socket sets which you wish
to import from Taiwan. Five samples of different tool sets and a
sales brochure were submitted for examination.
FACTS:
The tool sets all are made in Taiwan. The tool sets
submitted were a twelve piece 3/8 inch square drive standard
socket set without the rachet handle (no catalogue number), a ten
piece combination spanner set catalogue number MET 0110, a
seventeen piece 1/2 inch drive socket set without the rachet
handle (no catalogue number), a twenty five piece 1/4 inch and
3/8 inch drive socket set catalogue number MET 0300, and a twenty
five piece 3/8 inch drive socket set catalogue number MET 0500.
The twelve piece socket set is packaged in a clear plastic
blister pack. The other four tool sets are packaged in cardboard
boxes and shrink wrapped in clear plastic.
The back panel of each of the tool sets contains a product
description which contains the language "meet the torque
requirements of British Standards BS 4006, DIN 899 and US Federal
GGG-W-641E (Sockets) and BS192, BS 3555, DIN 899, and GGG-W--
636d (Spanners). German GS Approved." The front panel of each
of the tool sets except the ten piece spanner set contains the
words "German GS Approved". The twelve piece socket set is
visible through the clear plastic blister pack. The pieces are
individually die stamped with the word "TAIWAN". On the back
panel of the twelve piece socket set the following words appear:
Metrinch is a trademark of Surelab USA
made in Taiwan.
On the end flap of the ten piece spanner set the words
"Metrinch is a Trademark of Surelab U.S.A." appears. "Made in
Taiwan" is placed on the side panel on the UPC code box with an
adhesive backed label. The seventeen piece socket set has
"Metrinch is a Trademark of Surelab U.S.A." on the two side
panels. On the back panel "MADE IN TAIWAN" is printed directly
below the product description box. On the front panel of each of
the boxed socket sets (not the blister pack or the spanner set)
the words "Meets DIN, BS, and US Federal Standards for torque and
hardness."
The two, twenty five piece sets each contains the language
"Metrinch is a Trademark of Surelab U.S.A." on the two side
panels. The words "MADE IN TAIWAN" appear on one end flap on the
UPC code box with an adhesive backed label.
You state that you do not want to individually mark the
country of origin on each piece. Instead, you want to mark the
country of origin only on the packaging of the products.
ISSUE:
Whether the proposed marking on the packaging described
above satisfies the requirements of 19 U.S.C. 1304.
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 Court of
International Trade stated in Koru North America v. United
States, 701 F. Supp. 229, 12 CIT 1120 (CIT 1988), that "in
ascertaining what constitutes the country of origin under the
marking statute, a court must look at the sense in which the term
is used in the statute, giving reference to the purpose of the
particular legislation involved." The purpose of the marking
statute is outlined in United States v. Frielaender & 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."
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), Customs Regulations, (19 CFR 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. In this instance, the ultimate purchaser of the tools
is the retail consumer because the retail consumer is the last
person in the U.S. to receive the imported merchandise (tools) in
the form in which it is imported (in shrink wrapped cartons).
An article is excepted from marking under 19 U.S.C. 1304
(a)(3)(D) and 19 CFR 134.32(d), if the marking of a container of
such article will reasonably indicate the origin of such article.
This exception is applicable if Customs is satisfied that the
marked container in which the article is imported will reach the
ultimate purchaser in all reasonably foreseeable circumstances in
its original, unopened and properly marked container. C.S.D. 89-
78. In C.S.D. 89-113, Customs held that blister packaging was an
acceptable form of packaging within the parameters of this
exception to the marking requirements of 19 CFR 134.32(d), since
blister packaging is obviously intended to remain with the
article through its retail sale to the ultimate purchaser. See
HQ 734331 (February 10, 1992).
The marking of the packaging in lieu of the tools themselves
is acceptable only if Customs is satisfied that the ultimate
purchaser will receive them in their marked carton packaging, and
the marking on the packaging is satisfactory. 19 U.S.C. 1304,
requires that the country of origin marking be "conspicuous." 19
CFR 134.41(b) states that the ultimate purchaser "must be able
to find the marking easily and read it without strain." In
addition 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, appear on a 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. Customs has ruled 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. HQ 708994
(April 24, 1978). 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.
The twelve piece set in blister pack has the words "German
GS Approved" on the front panel. This appears in approximately 9
point print. (A point is approximately .01384 inch or 1/72 of an
inch). To comply with 19 CFR 134.46, the words "Made in
Taiwan", or a similar phrase, must appear on the front panel in
comparable size print. The back panel of the tool set names
countries other than the country of origin in two places. First,
it states "Metrinch is a trademark of Surelab USA" and directly
below this in equal print "made in Taiwan." Both of these appear
in 9 point print. In a box approximately 2 3/4 inches away in
approximately 5 point print appears the words "meet the torque
requirements of British Standards BS 4006, DIN 899 and US Federal
GGG-W-641E (Sockets) and BS192, BS 3555, DIN 899, and GGG-W--
636d (Spanners). German GS Approved." The country of origin
marking on the back panel is sufficient to meet the requirements
of 19 CFR 134.46 for both the trademark phrase and the boxed
statement also appearing on the back panel.
The ten piece spanner set contains the country of origin
marking on the UPC code box on the side panel of the box. We
find this is not a conspicuous marking. The ultimate purchaser
can not easily discover the country of origin marking in the UPC
code box in the same color (black and white) as the boxes bars
and numbers and in comparable size print to the numbers.
Further, the average consumer does not take a close look at the
UPC code in order to distinguish the different print there, it is
a computer stock and price tool. Further, one side panel states
the trademark language discussed above in approximately 9 point
print. Therefore, 19 CFR 134.46 requires the country of origin
also to appear in comparable size letters on the side panel in
close proximity. The back panel of the box contains the boxed
language discussed above in approximately 8 point print. This
also falls within the requirements of 19 CFR 134.46 and requires
the country of origin to be placed on the back of the box as
well. Although we find that the marking on the UPC code box is
not conspicuous, a conspicuous marking on the back of the box
will suffice to replace that marking.
The seventeen piece socket set has the country of origin
placed on the back panel in large letters with an adhesive label
attached under the shrink wrap in approximately 13 point print.
It is placed below the boxed language discussed above which is
approximately 5 point print. The carton also contains the
trademark language on the two side panels in approximately 5
point print. On the front panel in approximately 9 point print,
the box states "Meets DIN, BS, and US Federal Standards for
torque and hardness. German GS Approved." The back panel's
marking is conspicuous within the meaning of 19 CFR 134.41(b)
and satisfies the requirements of 19 CFR 134.46. However, the
front panel and side panels must be separately marked with the
country of origin pursuant to 19 CFR 134.46. The country of
origin marking must be placed with comparable sized print in
close proximity to the listed information and must appear on the
front panel.
The two, twenty five piece socket sets have the country of
origin marking on the UPC code box in approximately ten point
print, by adhesive label on an end panel. We find that this does
not meet the conspicuous requirement or the requirements of 19
CFR 134.46. The ultimate purchaser can not easily discover the
country of origin marking in the UPC code box in the same color
(black and white) as the boxes bars and numbers and in comparable
size print to the numbers. Further, the average consumer does
not take a close look at the UPC code in order to distinguish the
different print there, it is a computer stock and price tool.
Both twenty five piece socket set boxes contain the same front
panel information as the seventeen piece set discussed above, but
in approximately 13 point print for the 3/8 inch socket set, and
approximately 9 point print for the 1/4 inch socket set. The
side panels contain the trademark language discussed above in
approximately ten point print for the 3/8 inch set, and
approximately 9 point print for the 1/4 inch set, and the back
panel has the boxed information discussed above in approximately
ten point print for the 3/8 inch set and approximately 9 point
print for the 1/4 inch set. We hold that these boxes must match
the requirements set forth for the seventeen piece set discussed
above. This includes the placement of the country of origin on
the back panel, side panels, and front panel.
HOLDING:
The Metrinch tool sets are excepted from individual marking
under 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d). The
marking of the packaging of the tool sets with the country of
origin is sufficient. However, the packaging must be marked as
discussed above in order to comply with 19 U.S.C. 1304 and 19
CFR Part 134.
Sincerely,
John Durant, Director
Commercial Rulings Division