MAR 2-05 CO:R:C:V 735039 LR
John Jansheski
President
U.S. Dentek Corp.
32 Leveroni Court-Suite 101
Novato, California 94949
RE: Country of origin marking of dental instruments;
19 CFR 134.43; containers; 19 CFR 134.32(d); 19 CFR 134.34
Dear Mr. Jansheski:
This is in response to your letter dated March 15, 1993,
regarding the country of origin marking of dental instruments.
FACTS:
Two dental instruments, a plaque remover and mirror, designed
for retail sale, are to be sold in sealed blister packages which
are marked with their country of origin. A representative of your
company indicated by telephone that the instruments are imported
in bulk in containers which are marked with country of origin and
that U.S. Dentek repackages them in its warehouse after importation
into the sealed blister packages. A sample of the retail package
and contents has been submitted.
On the back of the package, the instructions for use of the
product appear along with the following information, which is
printed towards the bottom of the package:
COPYRIGHT U.S. DENTEK
1984 CORPORATION Made in Korea
NOVATO, CA
The actual print size of the trade name U.S. Dentek (about 1/4
inch) is comparable to that which appears above; all the other
information appears in smaller print (about 1/8 inch), which is
about half the size of U.S. Dentek. Also on the back of the
package, towards the top, the words "U.S. Patent #" appear in very
small print (less than 1/8 inch). The country of origin marking
appears in white letters on a black background which is both easy
to find and easy to read. The origin marking is larger than the
reference to U.S. patent number reference and the same size as the
words, Novato, CA.
The dental instruments are not marked with their country of
origin.
ISSUE:
Whether the "Made in Korea" marking on the blister package
satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
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. Part 134, Customs Regulations
(19 CFR Part 134), implements the country of origin marking
requirements and exceptions of 19 U.S.C. 1304.
Although most articles may be marked with country of origin
by any method which is sufficiently permanent to reach the ultimate
purchaser, the regulations specify that certain articles must be
marked in a special manner. Pursuant to 19 CFR 134.43, various
articles, including dental instruments, must be marked by die
stamping, cast-in-the mold lettering, etching, engraving, or by
means of metal plates securely attached to the article by welding,
screws, or rivets. However, Customs has determined that general
the exceptions to marking apply to all articles, including those
which are subject to the requirements of 19 CFR 134.43. See
Headquarters Ruling Letter's 734703, December 2, 1992; 733301,
August 8, 1990; and, 732437, October 4, 1989.
Articles for which the marking of the containers will
reasonably indicate the origin are excepted from marking pursuant
to 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d). Articles imported
and sold in sealed blister packages that are properly marked with
country of origin, generally qualify for this exception. However,
19 CFR 134.34 provides that an exception under 19 CFR 134.32(d)
may be authorized in the discretion of the district director for
imported articles which are to be repacked after release from
Customs custody under the following conditions:
(1) The containers in which the articles are repacked will
indicate the origin of the articles to an ultimate purchaser
in the United States.
(2) The importer arranges for supervision of the marking of
the containers by Customs officers at the importer's expense
or secures such verification, as may be necessary, by
certification and the submission of a sample or otherwise, of
the marking prior to the liquidation of the entry. (emphasis
added).
We are satisfied that the sample packages are designed to
reach retail purchasers and that, as discussed below, such packages
are adequately marked with country of origin. Therefore, if the
dental instruments were imported in these sealed blister packages,
we would rule that instruments would be excepted from marking under
19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32. However, since the
dental instruments will be imported in bulk and placed into the
blister packages after importation, approval of your proposed
marking must be authorized by the district director.
A country of origin marking is considered conspicuous and
legible if it is easy to find and easy to read. See 19 CFR
134.41(b). There are additional requirements when an article or
its container displays references to place names other than the
country of origin. In such case, the country of origin must be
preceded by the words such as "Made in" and must appear in close
proximity to and in comparable size letters as these references.
See 19 CFR 134.46. If the reference appears as part of a trade
name or trademark, the close proximity and comparable size
lettering requirement does not apply. See 19 CFR 134.47.
The country of origin marking on the submitted sample package
is sufficiently legible, conspicuous and permanent to satisfy the
general requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and
meets the additional requirements of 19 CFR 134.46 and 134.47
triggered by the various references to U.S. locations on the
package.
HOLDING:
The sample blister packages satisfy the requirements of 19
U.S.C. 1304 and 19 CFR Part 134. Accordingly, U.S. Dentek may
import unmarked dental instruments for repacking into these
packages provided the bulk container is marked and the district
director authorizes the use of the procedures set forth in 19 CFR
134.34.
Sincerely,
John Durant, Director
Commercial Rulings Division