MAR-2-05 CO:R:C:V 733351 EAB
Robert T. Givens, Esquire
950 Echo Lane, Suite 360
Houston, Texas 77024
Re: Country of origin marking of cardboard box container made in
U.S. for export and return containing foreign articles; U.S.
address; boxmaker's certificate; 19 U.S.C. 1304; 15 U.S.C.
1125; 19 CFR 134.46; 19 CFR 11.13; 19 CFR 134.22(c); 19 CFR
10.22; HTSUS 9802.00.80; 732809
Dear Mr. Givens:
This is in reply to your letter dated April 24, 1990,
requesting on behalf of Filter Control, Inc. a ruling concerning
the proper country of origin marking of a U.S. manufactured
cardboard box that is intended to be exported to Mexico, packed,
sealed and returned to the U.S. The imported articles may be
either wholly U.S. goods or a mixture of Mexican and U.S. goods.
FACTS:
Filter Control, Inc., uses a cardboard box made in the U.S.
to import individually marked machine filters that have been
assembled in Mexico of U.S. or U.S. and foreign components.
Stamped only on the bottom of each rectangular box is a
boxmaker's certificate, which discloses, in part, the name and
address of the U.S. manufacturer of the box. This certificate is
required by Item 222-1, National Motor Freight Classification
Tariff, a voluntary standard to which members of the National
Motor Freight Traffic Association, Inc. subscribe. Also on the
bottom of each box, within 2.5" of the certificate, is the
proposed marking "CONTENTS PRODUCT OF MEXICO", which will be in
quarter-inch lettering of the same size in contrasting color as
the name and U.S. address of the boxmaker; the identification of
the boxmaker is specified in Item 222-1, supra. On each long
side of each box will be stenciled in 1/4" letters: "CUSTOM
ASSEMBLED IN MEXICO" below the warning, "FRAGILE".
You are of the opinions that the foregoing proposed markings
are in conformity with 19 CFR 134.46 and are not a violation of
15 U.S.C. 1125.
ISSUE:
What are the country of origin marking requirements of a
container that must bear a box manufacturer's certificate?
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 (or its container) 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.
To prevent confusion and possible deception of ultimate
purchasers, 19 CFR 134.46 requires that in any case in which the
name of a city, locality or country other than the country of
origin of the article appears on the article or its container,
the name of the country of origin, preceded by the words "Made
in," or "Product of," shall appear in close proximity and in
lettering of at least comparable size.
In HQ 732809 (December 20, 1989), Customs ruled that the
U.S. locality and state names on the boxmaker's certificate
(BMC) placed on the bottom of the box, do not present any
possibility of confusion to the ultimate purchaser of an article
imported in a box bearing such a certificate. Located on the
bottom of the box, the BMC would be a significant distance from
the view of any ultimate purchaser and highly unlikely to
influence any purchasing decisions. We held that the boxmaker's
certificate located on the bottom of corrugated shipping cartons
does not trigger the requirements of 19 CFR 134.46. In other
words, it is not necessary to stencil or print any country of
origin marking of the foreign article in close proximity to the
boxmaker's certificate that appears on the bottom of a box. If,
however, you wish to do so, then, from the sample submitted, we
find that the country of origin marking that you propose, i.e.,
"CONTENTS PRODUCT OF MEXICO", would be in compliance with 19 CFR
134.46. It is in close proximity to the U.S. address, and it is
in comparable size letters.
Section 1125, Title 15, U.S. Code (15 U.S.C. 1125),
implemented in 19 CFR 11.13, subjects to civil liability any
person who shall apply to any container a false designation of
origin (15 U.S.C. 1125(a)) or any false description or
representation, and permits the refusal of entry or seizure of
such goods (15 U.S.C. 1125(b)).
Because the boxmaker's certificate (which includes a U.S.
address) on the bottom of the box does not present any
possibility of confusion to the ultimate purchaser with regard to
the origin of the product, we do not consider such certificate to
constitute a false designation of origin or false description
within the meaning of this provision.
The proposed marking "Custom Assembled in Mexico" is an
acceptable country of origin marking under the provisions of 19
U.S.C. 1304, provided the machine filters are entitled to a
partial exemption from duty under subheading 9802.00.80,
Harmonized Tariff Schedule of the U.S. (HTSUS). See 19 CFR 10.22
and HQ 733713 (November 14, 1990). The stenciled country of
origin marking on each long side of the box in 1/4" letters are
sufficiently sufficiently permanent, legible and conspicuous.
HOLDING:
Indicating the foreign origin of articles on the bottom of a
U.S. made box in close proximity to the boxmaker's certificate is
not required by 19 CFR 134.46 or 15 U.S.C. 1125.
The phrase "Custom Assembled in Mexico" is an acceptable
country of origin marking for articles that are eligible for
entry under subheading 9802.00.80, HTSUS that may be assembled of
entirely U.S. components or that may be of Mexican origin.
Sincerely,
John Durant, Director
Commercial Rulings Division