MAR 2-05 CO:R:C:V 732256 pmh
Mr. Lewis Stein
Johnson & Johnson
One Johnson & Johnson Plaza
New Brunswick, N.J. 08933-7002
RE: Country of origin marking requirements for toys
Dear Mr. Stein:
This is in response to your letter of March 23, 1989,
requesting a ruling on the country of origin marking requirements
for imported baby toys. We regret the delay in responding.
FACTS:
Johnson & Johnson Baby Products Company (the importer)
manufactures baby toys at various locations, some in the U.S. and
some abroad. The toys are sold through retail stores or through
a subscription plan. Each of the imported toys is individually
marked with the country of origin. The toys that are sold at the
retail level are packaged in boxes that are also marked with the
country of origin. Those that are sold through a subscription
plan are packaged in plastic bags. An adhesive label bearing the
appropriate country of origin will be affixed to each plastic
bag.
You have submitted four sample toys and four sample retail
boxes for our examination. Each of the toys is individually
marked; the words "Made in Hong Kong" are molded into its
surface. The lettering of these words ranges from 1/16" to 1/8"
in size. Since the marking is molded into the plastic, it is of
the same color as the plastic background on which it appears.
Each of the submitted sample retail boxes is also marked
with the country of origin. On the bottom of each of the boxes
is the name of the importer, the name of the toy and text
regarding the toy. At the bottom of the text are the name and
domestic address of the importer, and the words "Made in Hong
Kong" in blue lettering approximately 1/8" in size.
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ISSUE:
Whether the subject baby toys are marked in compliance with
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), requires, in general, that all articles of foreign origin
imported into the U.S. shall be legibly, conspicuously and
permanently marked to indicate the country of origin to the
ultimate purchaser in the U.S. 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 in
section 134.41, Customs Regulations (19 CFR 134.41), the country
of origin marking is considered to be conspicuous if the ultimate
purchaser in the U.S. is able to find the marking easily and read
it without strain.
In this case, the country of origin markings on the
individual toys are, generally, not conspicuous. While the
lettering that is 1/8" is easier to find, all of the markings are
difficult to read due to the fact that the lettering does not
contrast with its background. Furthermore, when the toys are
placed in individual plastic bags or individual boxes, the
country of origin markings are more difficult to read or are
obscured.
With regard to the toys sold in the retail boxes, it is our
opinion that each marking is conspicuous and in compliance with
the country of origin marking requirements. On each box, the
words "Made in Hong Kong" are conspicuously placed just beneath
the name and address of the importer and are easily found.
Furthermore, the lettering is of sufficient size and contrast to
be read without strain.
In addition, section 134.46, Customs Regulations (19 CFR
134.46), requires that when the name of any city or locality in
the U.S., other than the name of the country or locality in which
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the article was manufactured or produced, appears on an imported
article or its container, there shall appear legibly and
permanently, in close proximity 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. As noted above,
the country of origin marking in this case appears directly
beneath the name and address of the importer, in lettering of
exactly the same size and boldness and is preceded by the words
"Made in." Consequently, it is in full compliance with 19 CFR
134.46.
You assert that the articles in this case should be excepted
from individual country of origin marking because they are
imported and sold in properly marked containers. Pursuant to 19
U.S.C. 1304(a)(3)(D) and section 134.32(d), Customs Regulations
(19 CFR 134.32(d)), an exception from individual marking is
applicable where the marking of the container of such article
will reasonably indicate the country of origin of the article.
This exception is normally applied in cases where the imported
article(s) is imported in a properly marked container and Customs
officials at the port of entry are satisfied that the ultimate
purchaser, i.e., the last person in the U.S. to receive the
article in the form in which it was imported, will receive it in
its original unopened marked container.
With regard to the retail boxes, the ultimate purchaser is
the consumer who buys the toys at a retail store. So long as the
toys are imported and sold in the marked containers as described
above, and Customs officials at the port of entry are satisfied
that the marking is legible, permanent and conspicuous, and that
the retail consumer will receive them in this fashion, we are of
the opinion that the marking satisfies the statutory
requirements.
With regard to those toys sold in plastic bags through a
subscription plan, we are unable to determine whether the
proposed adhesive label is sufficient as you have not described
such label or submitted a sample. However, to be acceptable,
Customs officials at the port of entry must be satisfied that the
marking is sufficiently legible and conspicuous and that the
label is permanent enough to remain with the article until it
reaches the ultimate purchaser, unless deliberately removed.
Section 134.41, Customs Regulations (19 CFR 134.41), provides
guidance as to suggested methods and manner of marking.
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HOLDING:
Baby toys that are imported and sold only in properly marked
retail boxes as described above, may be excepted from individual
marking pursuant to 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d).
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch