MAR 2-05 CO:R:C:V 732099 pmh
Mr. C.K. Murphy
Eveready Battery Company, Inc.
Checkerboard Square
St. Louis, MO 63164
RE: Country of origin marking requirements for miniature lamp
bulbs
Dear Mr. Murphy:
This is in response to your letter of January 23, 1989
requesting a ruling on country of origin marking requirements for
imported lamp bulbs that will be sold at retail in individual
generic cartons. We regret the delay in responding.
FACTS:
You indicate that Eveready (the importer) will be importing
miniature lamp bulbs from several different countries and
repackaging them in Mexico. Each of the bulbs will be marked
with the correct country of origin. You are planning to use a
generic individual resale carton with the lamp type printed on
each carton. The resale carton would also be marked "See Bulb
for Country of Origin." You have submitted a sample retail
carton for our inspection. The carton measures approximately 4"
by 2" by 1" deep. Printed along one side panel of the carton are
the words "See bulb for country of origin."
ISSUE:
Whether imported lamps that are individually marked with the
country of origin may be sold in retail containers that are
marked with the words "See bulb for country of origin."
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 imported into the U.S. 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. The evident purpose is
-2-
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 C.C.P.A. 297
at 302 (1940).
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR
134.41(b)), provides that the marking of an imported product must
be conspicuous enough so that the ultimate purchaser will be able
to find the marking easily and read it without strain.
In this case, you have submitted a sample of the retail
container of an imported product, but have not submitted a sample
bulb. Since the country of origin marking will appear on the
individual bulbs, we are unable to rule definitively on whether
the country of origin marking in this case is acceptable.
However, assuming the country of origin marking on the bulbs
satisfies the requirements of 19 U.S.C. 1304 and 19 CFR 134.41,
it is acceptable to mark the retail container with the words "See
bulb for country of origin." In ruling 732374, issued July 7,
1989, Customs determined that the language "Refer to neck label
for country of origin" printed on the outside of a poly bag
containing men's dress shirts, was acceptable if the neck label
displaying the name of the country of origin in each shirt was
easily visible to the ultimate purchaser. Likewise, in this
case, so long as the retail container remains unsealed at the
time of retail sale so that the ultimate purchaser is able to
open the container and easily view the country of origin marking
on the bulbs, the proposed language on the retail container is
acceptable.
HOLDING:
It is acceptable to mark the retail container of imported
lamp bulbs with the words "See bulb for country of origin," if
the container is not sealed at the time of retail sale and the
lamp bulb is otherwise marked in compliance with 19 U.S.C. 1304
and 19 CFR 134.41.
Sincerely,
Marvin M. Amernick,
Chief, Value, Special Programs
and Admissibility Branch