MAR-2-05 CO:R:C:V 732122 jd
District Director of Customs
40 South Gay Street
Baltimore, Maryland 21202
RE: Country of origin marking requirements applicable to small
rubber balls to be dispensed through vending machines
Dear Mr. Beikirch:
This is in response to your memorandum (MAR-2-DD:CO:TT:IS:1
RPS), dated January 20, 1989, concerning the country of origin
marking requirements applicable to small rubber balls to be
dispensed through vending machines. We regret the delay in
responding.
FACTS:
You were contacted by the Parkway Machine Corporation
concerning the marking requirements for small rubber balls. The
balls, known as "HI BOUNCE BALLS," are made by injection mold.
We received samples of various balls in the 27 and 35 millimeter
sizes. The balls come in either one color or multicolored, and
come either smooth or "frosted."
The balls have the word "TAIWAN" molded onto their surface
in very slightly raised, noncontrasting lettering. The lettering
is difficult to locate and read on the smooth balls, and is worn
off by the texturizing process in the "frosted" balls. The
importer states that marking by individual stickers or ink
stamping is impossible since the balls are sprayed with silicone
to make them dispense properly from vending machines and the
silicone would not permit label adhesion and would cause any ink
applied to smear. You state your opinion that a contrasting
molded marking would probably be cost prohibitive considering the
low value of each ball, and also state that individual packaging
would most likely be similarly cost prohibitive. We would add
that considering the nature of how these items will reach
ultimate purchasers, i.e., in vending machines, it would only be
through happenstance that individual marking of a ball would show
through the window of a vending machine and that the purchaser
would receive the exact ball so seen.
According to your memorandum, past shipments of such items
have been permitted entry upon an importer's certification that
the vending machine used to dispense the items would display a
-2-
notice disclosing the country of origin of the items within. In
this regard, we observed two sample display cards submitted which
are placed in the window of vending machines used to sell these
balls. Both cards display the words "MADE IN TAIWAN" near the
bottom of the card.
ISSUE:
May the country of origin marking requirements applicable
to small rubber balls to be dispensed in a vending machine be
satisfied by disclosure of the origin of the balls on a display
card that will be visible through a window of the vending
machine?
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
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 an ultimate purchaser
in the United States the English name of the country of origin of
the article.
As a threshold matter, we determine that none of the balls
are properly marked. The "frosted" balls are not properly marked
since any marking that existed is removed during the frosting
process. The marking on the smooth balls is not conspicuous; it
is not easy to locate and once found can only be read with
difficulty.
We agree with your position that the vending machine in
which these balls are presented for sale to ultimate purchasers
may be considered a "container" as that word is used in marking
regulations. Accordingly, pursuant to { 134.32(d), Customs
Regulations (19 CFR 134.32(d)), the articles may be excepted from
individual marking provided marking on the container will
reasonably indicate the origin of the balls. We find that the
disclosure of origin on the card placed in the window of the
vending machine is adequate, provided the words are moved to a
more conspicuous location on the card. A member of my staff
observed a vending machine with one of the sample cards inside at
a local grocery store, and the bottom of the card was obscured by
the metal frame around the window.
-3-
HOLDING:
Small rubber balls presented for sale to ultimate
purchasers in a vending machine may be excepted from individual
marking provided a display card visible through a window of the
vending machine is imprinted in a conspicuous location with the
origin of the balls being dispensed. Certification by the
importer as per { 134.25, Customs Regulations (19 CFR 134.25),
that such card will, in fact, be displayed, is required. You
indicate you have been requiring such a certificate and you
should continue to do so.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch