MAR-2-05 CO:R:C:V 730910 LW
Mr. James W. Lawless
C. H. Powell Company
One Intercontinental Way
Peabody, Massachusetts 01960
RE: Country of origin marking requirements for baby booties
Dear Mr. Lawless:
This is in response to your letter of November 24, 1987, on
behalf of Kiddie Products Inc. (the importer), requesting a
ruling on country of origin marking requirements for imported
baby booties and similarly marked items from Taiwan, Hong Kong,
South Korea, and Malaysia. You state that the importer has
received marking notices from Customs in Boston and would like
clarification of the marking requirements.
FACTS:
Each pair of booties is sold in a disposable package which
will reach the consumer unopened. The front of the package is
clear so that the booties are visible. The back of the package
has a description of the booties, the fiber content, and cleaning
instructions. Towards the bottom of the back of the package
under the heading "Tested and Guaranteed," the second paragraph
reads "This product meets all of The First Years quality
standards and has been made to our specifications in Korea.
Under this paragraph appears the U.S. address "Avon, MA 02322."
ISSUE:
Whether indicating the country of origin in this manner
complies with country of origin marking requirements?
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 United States
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.
Marking the country of origin on the package rather than
the booties themselves complies with section 134.24(d)(2),
Customs Regulations (19 CFR 134.24(d)(2)), which provides that7
disposable containers or holders of imported merchandise, which
are sold without normally being opened by the ultimate purchaser,
shall be marked to indicate the country of origin of their
contents.
While it is acceptable to mark the package rather than 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. See section 134.41(b), Customs
Regulations (19 CFR 134.41(b)).
In addition, in a case such as the one at hand, when the
name of any city or locality in the U.S., other than the country
or locality in which the article was manufactured or produced,
appears on an 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. See section 134.46,
Customs Regulations (19 CFR 134.46). The purpose of this section
is to prevent the possibility of misleading or deceiving the
ultimate purchaser.
HOLDING:
While the country of origin on the sample submitted is
marked in close proximity to the U.S. address in letters of
comparable size and in this respect complies with 19 CFR 134.46,
it is our opinion that because the country of origin is mentioned
at the end of a sentence concerning quality standards, the
country of origin is not readily visible to the ultimate
purchaser. It is feasible to indicate that the booties meet the
importer's quality standards without placing the country of
origin information within the same sentence. In addition, the
words "made to our specifications in Korea" do not clearly and
directly indicate to the consumer the country of origin as do the
words, suggested in 19 CFR 134.46, "Made in," or "Product of."
To comply with the country of origin marking regulations
the country of origin should be set apart from the product's
qualifications in close proximity to the U.S. address preceded by
a phrase such as "Made in," "Product of," or other words of
similar meaning. For example, printing "Made in Korea" below the
U.S. address in letters of comparable size, would comply with
country of origin marking requirements.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
& Admissibility Branch