MAR-2-05 CO:R:C:V 733812 EAB
John M. Poole, E.V. President
John A. Steer Co.
28 South Second Street
Philadelphia, Pennsylvania 19106
Re: Country of origin marking of digital door locks. 19 CFR
134.41(b); 19 CFR 134.46; 732572
Dear Mr. Poole:
This is in reply to your letter dated September 21, 1990, on
behalf of Door Systems, Inc., in which you request a ruling on
the proper country of origin marking of foreign-made digital door
locks and their retail container/s.
FACTS:
According to your submission, Door Systems, Inc. sells
digital door locks to "Government Contractors", locksmiths and by
mail order. The locks are foreign made. Your inquiry addresses
locks specifically made in Japan. You have submitted a sample
lock in its retail package. The country of origin of the lock is
indicated by the phrase "Made in Japan" die-stamped on the back
of the lock. On the container appears the following: "DOOR
SYSTEMS, INC. HATBORO, PA 19040 MADE IN JAPAN". You contend that
both the lock and its immediate package should be marked with the
country of origin.
ISSUE:
What are the country of origin marking requirements of a
foreign digital door lock sold in a retail container bearing a
U.S. address?
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 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 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 the statute.
As provided in 19 CFR 134.41(b), the ultimate purchaser in
the U.S. must be able to find the marking easily and read it
without strain. When the name of any city or locality in the
U.S., other than the country or locality in which the article was
manufac-tured or produced, appears on an imported article or its
contain-er, there shall appear, legibly and permanently, in close
proxi-mity 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. 19
CFR 134.46.
In this case, we find that the retail packaging of the
digital door locks satisfies the requirements of 19 CFR 134.46.
The country of origin marking phrase on the retail container is
in close proximity to the U.S. address and in a comparable size,
is legible and permanent, and is easily found and read without
strain, see HQ 732572 (June 7, 1990), imported infant socks
packaged and sold in a disposable, sealed, clear plastic bag.
We further find that the marking on the lock itself
satisfies 19 CFR 134.41(b). It is die-stamped, legible,
conspicuous, permanent and easily found by the ultimate purchaser
of the lock.
In certain instances it is acceptable to mark the country of
origin of an article on its container in lieu of marking the
article itself. Articles for which the marking of the containers
will reasonably indicate the origin of the articles are excepted
from marking under 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d).
For example, if the locks are imported in a retail box which is
marked with the country of origin of its contents and Customs
officials are satisfied that the box will reach the ultimate
purchaser in the box unopened, then marking of the box alone is
acceptable.
HOLDING:
The country of origin marking of digital door locks and of
disposable packages containing them, as indicated on the
submitted samples, are acceptable and comply with 19 U.S.C. 1304.
Sincerely,
John Durant, Director
Commercial Rulings Division