MAR-2-05 CO:R:C:V 735079 ER
R. Sarah Compton, Esq.
Eckert Seamans Cherin & Mellott
Suite 600
2100 Pennsylvania Avenue, NW
Washington, DC 20037
RE: Country of Origin Marking for Children's Playing Blocks and
Containers; U.S. Materials; 19 CFR 134.32(d); 19 CFR 134.34.
Dear Ms. Compton:
This is in response to your letter dated April 1, 1993, on
behalf of your client, Direct To Retail, in which you request a
ruling regarding the country of origin marking requirements for
children's playing blocks and tubs to hold the blocks which are
produced overseas out of U.S. materials.
FACTS:
Direct To Retail, a division of Columbia Electric Corp.,
plans to import children's playing blocks and tubs which hold the
blocks. The blocks and tubs are made overseas out of U.S.
materials. The blocks are placed into clear plastic bags which
display no labeling whatsoever, the tubs are stacked and
labelled, and both are shipped separately to the U.S. No details
of the foreign manufacturing were submitted. For purposes of
this ruling, we assume the blocks are a product of the foreign
country. We also assume that the tubs are disposable containers
within the meaning of section 134.24, Customs Regulations (19 CFR
134.24).
In the U.S. facility, two bags of blocks are placed in each
tub for direct retail sale. The plastic bags of blocks are not
sold separately from the tub. Direct To Retail proposes marking
this product on the outside of the tub with the words "Made in
(name of country) from materials originating in the U.S.A."
No samples were submitted with the ruling request.
ISSUE:
Whether marking the container of the children's playing
blocks with the words "Made in (name of country) from materials
originating in the U.S.A." satisfies country of origin marking
requirements?
LAW AND ANALYSIS:
The marking statute, 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) 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 19 U.S.C. 1304.
The primary purpose of the country of origin marking statute
is to "mark the goods so that at the time of purchase the
ultimate purchaser may, by knowing where the goods were produced,
be able to buy or refuse to buy them, if such marking should
influence his will." United States v. Friedlaender & Co., 27
CCPA 297, 302, C.A.D. 104 (1940).
The "ultimate purchaser" is defined generally as the last
person in the U.S. who will receive the article in the form in
which it was imported. 19 CFR 134.1(d). If an article is to be
sold at retail in its imported form, as is the case here, the
purchaser at retail is the "ultimate purchaser." 19 CFR
134.1(d)(3).
An article is excepted from marking under 19 U.S.C.
1304(a)(3)(D) and section 134.32(d), Customs regulations (19 CFR
134.32(d)), if the marking of a container of such article will
reasonably indicate the origin of such article. Since no samples
of the product were submitted with the ruling request, we cannot
determine if the proposed country of origin marking on the tub
satisfies the degree of conspicuousness, legibility or permanence
as required by the statute and regulations. Moreover, since the
blocks are to be packaged after importation, an exception to
marking the individual blocks may be extended only so long as the
district director is satisfied that the container of the blocks
is properly marked. Pursuant to the requirements of section
134.34, Customs regulations (19 CFR 134.34), this exception may
be extended to the subject merchandise so long as the district
director is satisfied that the imported articles are repacked
after release from Customs' custody under the following
conditions: (1) [t]he containers in which the articles are
repacked will indicate the origin of the articles to an ultimate
purchaser in the U.S. and (2) [t]he importer arranges for
supervision of the marking of the containers by Customs officers
at the importers' expense or secures such verification, as may be
necessary, by certification and the submission of a sample or
otherwise, of the marking prior to the liquidation of the entry.
The wording of the proposed marking, "Made in (name of
country) from materials originating in the U.S.A.", is an
acceptable marking designation so long as the requirements of
section 134.46, Customs Regulations (19 CFR 134.46) are
satisfied.
HOLDING:
So long as the district director authorizes an exception
from individually marking the imported children's playing blocks
pursuant to 19 U.S.C. 1304(a)(3)(D), 19 CFR 134.32(d) and 19 CFR
134.34, the method and wording of marking the containers of the
blocks, discussed above in the ruling, are in accordance with the
requirements of the marking statute.
Sincerely,
John Durant, Director
Commercial Rulings Division