MAR-2-05 CO:R:C:V 735271 RC
Mr. David K. Ryan
Yusen Air & Sea Service (USA) Inc.
Building 200 Trade Port Drive
Atlanta, Georgia 30364
RE: Country of Origin Marking of Pens; Gift Boxes.
Dear Mr. Ryan:
This is in response to your letter of July 7, 1993,
requesting a ruling on the country of origin marking requirements
for pens in gift boxes to be imported into the U.S. You
submitted a sample pen, boxed and packaged for retail sale. We
regret the delay in responding.
FACTS:
Your client, American Tombow Inc., intends to import pens
manufactured in Japan. Each pen is sold in a metal box which is
encased by a paper board sheath. There is an adhesive label
imprinted with a product bar code on one corner of the sheath.
The label also indicates "MADE IN JAPAN".
ISSUE:
What are the country of origin marking requirements for the
pens and boxes under 19 CFR Part 134?
LAW AND ANALYSIS:
The marking statute, section 304, Tariff Act of 1930, as
amended (19 U.S.C. 1304), provides 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 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.
As provided under section 134.32(d), Customs Regulations (19
CFR 134.32(d)), an article is excepted from marking if the
marking of the article's container will reasonably indicate the
origin of such article. Customs must be satisfied that in all
foreseeable circumstances the article will reach the ultimate
purchaser in a properly marked container. The "ultimate
purchaser" is generally defined, in section 134.1(d), Customs
Regulations (19 CFR 134.1(d)), as the last person in the United
States who will receive the article in the form in which it was
imported. Section 134.1(d)(4) states that if the imported
article is distributed as a gift the recipient is the "ultimate
purchaser."
With respect to marking of pens, Customs has ruled that
lettering as small as 4.5 points was legible. See HQ 734231
(November 4, 1991). (A point is a unit of type measurement equal
to 0.01384 inch or nearly 1/72 inch, and all type sizes are
multiples of this unit.) Note that legibility is not determined
solely by size of lettering. See HQ 733889 (September 13,
1991)(marking on pens was not conspicuous or legible). In
general, Customs has ruled that a country of origin marking must
not be in lettering of less than 5 points. See HQ 735260
(November 10, 1993); HQ 735371 (October 19, 1993).
The marking requirements depend on the ultimate purchaser
and method of distribution. Here, the individual pens must be
marked "JAPAN" because there is a possibility that some of the
pens will be displayed for sale outside of the boxes. The
country of origin may be indicated on the exterior of the box
alone only if the boxes containing the pens are sealed. It is
not necessary to indicate the country of origin of the paper
sheath or the metal box.
HOLDING:
To satisfy 19 CFR Part 134, the pens must indicate "Japan"
as the country of origin. The marking should be in lettering of
at least 5 points. It is not necessary to indicate the country
of origin of the box or the sheath.
Sincerely,
John Durant, Director