MAR-2-05 RR:TC:SM 560697 MLR
John M. Peterson, Esq.
Neville, Peterson & Williams
80 Broad Street, 34th Floor
New York, NY 10004
RE: Country of origin marking of packages for imported
merchandise; 19 CFR 134.46
Dear Mr. Peterson:
This is in reference to your letter of October 9, 1997,
requesting a ruling on behalf of Target Stores ("Target"),
regarding the country of origin marking of certain packages
of imported merchandise. Photocopies of the packaging were
submitted with your request.
FACTS:
At issue are various cardboard retail packages
containing imported articles. The first two articles are
the "Car and Driver Deluxe Auto Emergency Light" which is a
multi-purpose light, and the "Car and Driver" First Aid Kit
which contains various emergency first aid items. The
multi-purpose light will be imported from China, but the
origin of the emergency kit is not known at this time. It
is stated that in their condition as imported, both will be
packaged in a cardboard box, the light in a box measuring
approximately 8 « x 2 « x 3 inches and the emergency kit in
a box measuring approximately 7 « x 5 « x 2 3/4 inches. The
bottom panels of both boxes will feature a UPC bar code, and
will basically contain the following statement:
Distributed by Dayton-Hudson Corporation
Minneapolis, MN 402
1996 DHC All Rights Reserved
Manufactured under license from Hachette Filipacchi
Magazines, Inc.
Made in China (or other country of origin for emergency kit)
The country of origin marking will appear in 7 point bold
face type, and the other words will appear in 6 point type.
The country of origin will appear approximately 3/4 of an
inch below the Minneapolis address.
The third article is the "Furio Home Recipe Box" which
is a small wooden file box designed to hold recipe cards.
In its imported condition, the recipe box will be imported
in a cardboard box measuring approximately 6 1/4 x 5 x 3
inches and on the bottom will be the following statement:
Distributed by Dayton-Hudson Corporation
Minneapolis, MN 55402
C 1997 DHC All Rights Reserved
Style 2884N
Made in China
For questions or comments call 800-316-6151
or write to P.O. Box 1392, Minneapolis, MN 55440
All of the print will be in the same size and the "Made in
China" will appear 1 « inches below the first reference to
Minneapolis and about 1/4 inch above the second.
The third article is "The Garden Place Hyacinth Kit"
which contains two glass vases and two hyacinth bulbs. In
its imported condition from Mexico, it will be in a box
measuring approximately 13 « x 7 x 4 inches. At the side
the following statement will appear:
Distributed by Dayton-Hudson Corporation
Minneapolis, MN U.S.A.
C 1996 DHC All Rights Reserved
Made in Mexico
All of the print will be in the same size and the "Made in
Mexico" will appear 1/4 inch below the Minneapolis address.
The fourth article is "Honors" Hosiery which will
contain two girls' leggings. In its imported condition, the
leggings will be in a box measuring 8 x 3 3/4 x 3/4 inches
and the reverse side of the box will contain the following
statement:
C 1997 DHC
All Rights Reserved
067A1646-001 RN 17730
Made in (country of origin)
It is stated that a reference to Dayton Hudson's Minneapolis
address may be inserted after the letter "DHC",
approximately « inch above the origin statement, and all
print will be in the same size.
ISSUE:
Whether the proposed markings on the subject articles
satisfy the marking requirements of 19 U.S.C. 1304.
LAW AND ANALYSIS:
The marking statute, section 304, Tariff Act of 1930,
as amended (19 U.S.C. 1304) provides that, unless excepted,
every article of foreign origin imported into the U.S. shall
be marked in a conspicuous place as legibly, indelibly, and
permanently as the nature of the article 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. Congressional intent in enacting 19 U.S.C. 1304
was "that the ultimate purchaser should be able to know by
an inspection of the marking on the imported goods the
country of which the goods is the product. The evident
purpose 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. Inc., 27 CCPA 297, 302, C.A.D. 104
(1940).
Treasury Decision ("T.D.") 97-72, was published (62 FR
44211, August 20, 1997) amending section 134.46, Customs
Regulations (19 CFR 134.46), to ease the requirement that
whenever words appear on imported articles indicating the
name of a geographic location other than the true country of
origin of the article, the country of origin marking must
appear in close proximity and in comparable size lettering
to those words preceded by the words "Made in", "Product
of", or other words of similar meaning. The effective date
of the final rule was September 20, 1997. The revised
section 134.46 provides that:
In any case in which the words "United States," or
"American," the letters "U.S.A.," any variation of
such words or letters, or the name of any city or
location in the United States, or the name of any
foreign country or locality other than the country
or locality in which the article was manufactured
or produced appear on an imported article or its
container, and those words, letters or names may
mislead or deceive the ultimate purchaser as to
the actual country of origin of the article, 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.
Since section 134.46 was revised to trigger the special
marking requirements when a marking on an imported article
or its container is capable of being misleading or
deceiving, T.D. 97-72 removed 19 CFR 134.36(b) which
disallowed an exception from marking when any article or
retail container had a marking described in sections 134.46
or 134.47 implying that the article was made in a country
other than the actual country of origin.
Accordingly, under the revised section 134.46, it must
first be determined whether the marking on the subject
cardboard boxes may deceive or mislead the ultimate
purchaser regarding the country of origin of the finished
instruments. In T.D. 97-72, in response to a comment,
Customs specifically stated that a reference to the U.S.
made in the context of a statement relating to any aspect of
distribution, such as "Distributed by ABC Inc., Colorado,
U.S.A.," would be misleading to the ultimate purchaser and
would require country of origin marking in accordance with
section 134.46. Therefore, as the subject containers will
be labeled "Distributed by Dayton-Hudson Corporation,
Minneapolis, MN" or a similar form thereof, we find that in
each instance (including the "Honors" box if the reference
is added), that the requirements of 19 CFR 134.46 are
triggered. On all of the subject articles, the country of
origin appears on the same side or panel of the box as the
geographic location, and the country of origin markings are
in at least the same size as the non-origin reference.
Additionally, the country of origin markings stand out by
having a space above and below them, and they are preceded
by "Made in". Therefore, we find that the requirements of
19 CFR 134.46 and 19 U.S.C. 1304 in each instance will be
satisfied.
HOLDING:
On the basis of the information and samples submitted,
we find that the reference "Distributed by ..." on all of
the subject articles, triggers the special marking
requirements of 19 CFR 134.46. However, as the country of
origin marking appears on the same side or panel of the box
as the geographic location, are in at least the same size as
the non-origin reference, stand out by having a space above
and below them, and are preceded by "Made in", we find that
the requirements of section 134.46 and 19 U.S.C. 1304 will
be satisfied.
A copy of this ruling letter should be attached to the
entry documents filed at the time the goods are entered. If
the documents have been filed without a copy, this ruling
should be brought to the attention of the Customs officer
handling the transaction.
Sincerely,
John Durant, Director
Commercial Rulings Division