MAR-2-05 CO:R:C:V 731686 jd
Ms. Ruth Kroboth
Associated Customshouse Brokers, Inc.
One Airport Way, Suite 205
P.O. Box 22670
Rochester, New York 14692
RE: Country of origin marking requirements applicable to
a sunglass case
Dear Ms. Kroboth:
This is in reply to your letter of August 10, 1988,
concerning the country of origin marking requirements applicable
to a sunglass case.
FACTS:
According to your submission, you have a client that
intends to import sunglass cases from Mexico. The cases are
assembled in Mexico from U.S. components.
A sample case was submitted and is described as follows:
the case consists of an outer layer of leather-like material with
a plastic insert into which a sunglass, or any pair of glasses of
similar shape, may be placed when the temples are folded closed.
A flap with a velcro closure is used to secure the sunglasses in
the case. On the outer front side of the case is a plastic disc
with the brand name of the sunglasses, the company name and a
logo advertising the 50th anniversary of either the company or
the brand. Looking down into the case, there appears in raised
lettering on the plastic insert the words "PATENT PENDING." The
letters are approximately 1/8 inch high and are the same color as
the rest of the plastic used in the insert. You wish to know if
marking requirements would be satisfied by adding the words "CASE
MEXICO" in similar raised lettering to the left of the patent
notice.
ISSUE:
Would country of origin marking appearing in the location
described above satisfy the requirement that country of origin
marking appear in a conspicuous place?
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19
U.S.C. 1304), generally requires that every article of foreign
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origin (or its container) imported into the United States 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 United States the English name of the country of origin of
the article.
Section 134.41(b), Customs Regulations (19 CFR 134.41(b)),
states in reference to country of origin markings, "The ultimate
purchaser must be able to find the marking easily and read it
without strain." Section 134.1, Customs Regulations (19 CFR
134.1), in illustrating who may be an ultimate purchaser states
that if an article is to be sold at retail in its imported form,
the purchaser at retail is the ultimate purchaser; if an imported
article is to be distributed as a gift the recipient is the
ultimate purchaser. The idea of an article being given as a gift
has been interpreted to include items that are given to someone
because they are purchasing another article or service, such as
umbrellas being given to persons purchasing admission to a
racetrack (see Pabrini, Inc., v. United States, Slip Op. 86-21,
CIT 1986).
It is the opinion of this office that the recipients of
these sunglass cases, whether receipt is by separate purchase or
by virtue of purchasing sunglasses and receiving a complementary
case, are the ultimate purchasers of the cases and therefore
entitled to country of origin information. A sunglass case is a
separate and distinct article from the sunglass it is designed to
protect.
The marking you have proposed is not adequate in that it
would not be easily found by an ultimate purchaser. We assume
that in many instances the case would be delivered with
sunglasses inside and this would completely block any marking
displayed in the location you suggested. Even if the case were
delivered, we still believe marking on the bottom of the insert
would not be easily found.
We believe marking on the inside of the flap would be in a
conspicuous location and be easily found by an ultimate
purchaser. This comports with our ruling 707788 (May 4, 1977),
wherein we stated marking of a computer case could be, "by means
of a label sewn to a seam inside the case in such a manner that
it will be readily visible to an ultimate purchaser who opens the
case. The label should be affixed towards the top of the pouch
where it will be more readily visible than it would be towards
the bottom." By referring to this ruling we are not requiring
you to use a sewn in label (although that would certainly be
acceptable). An ink stamp in contrasting color ink or an
adhesive label of sufficient permanency to remain on the case
until receipt by the ultimate purchaser would be acceptable
methods. You choice of words, "CASE MEXICO" is acceptable.
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HOLDING:
In accordance with the above discussion, country of origin
marking at the bottom of a sunglass case as proposed is not
acceptable. Country of origin marking must appear in a
conspicuous location where it can be easily found and read
without strain.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch