Mar-2-05 CO:R:V:C 732579 RSD
District Director of Customs
International Street and Terrace Avenue
Nogales, Arizona 85621
RE: Country of origin markings on cartons containing ribbon
cartridges used in typewriters and word processing
equipment
Dear Sir:
This is in response to your letter of July 20, 1989,
forwarding an internal advice request submitted by counsel for
Xerox Corporation, Sumex Division, requesting a ruling on the
country of origin marking on cartons containing ribbon
cartridges used in typewriters and word processing equipment. We
regret the delay in responding.
FACTS:
Upon examination of typewriter ribbon cartridges, Customs
determined that the country of origin marking on the underside of
the larger master cartons in which the ribbons were packed was
not conspicuous because it was not readily visible to ultimate
purchasers.
The ribbon cartridges are packaged in individual cartons,
which are specially designed with tabs so that they can be hung
on a pegboard type display. The cartons that contain the
individual ribbon cartridges are marked on one side panel in
lettering all of the same size with the following:
Xerox Corporation
Rochester, N.Y. 14644
Assembled in Mexico
The cartons containing individual ribbon cartridges are
packaged in larger master cartons containing six or twelve
individual ribbon cartridges. The master cartons contain the
identical country of origin marking on the bottom or underside of
each carton and in no other location. Samples of the two types
of cartons in which the typewriter ribbon cartridges are packaged
were submitted for examination.
ISSUES:
1. Are the cartons containing individual ribbon cartridges
properly marked?
2. Are the master cartons properly marked?
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 (or its container) 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. 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. To
prevent confusion and possible deception of ultimate purchasers,
section 134.46, Customs Regulations,(19 CFR 134.46), requires
that in any case in which the name of a city, locality, or
country other than the country of origin of the article appears
on the article or its container, the words "made in," "product
of," or other words of similar meaning shall also appear in close
proximity to such words and in lettering of at least comparable
size.
After consideration of the sample carton containing the
individual ribbon cartridges, it is our opinion that the country
of origin marking satisfies the requirements of 19 CFR 134.46.
The words "Assembled in Mexico" are in close proximity and in
comparable size to the name of the U.S. city mentioned,
"Rochester, N.Y." The marking on the side panel is also easy to
find and easy to read and therefore satisfies the requirements
of 19 CFR 134.41(b).
However, because the cartridges may also be sold to
ultimate purchasers in the master cartons and the ultimate
purchaser may not open the master cartons prior to purchase,
these cartons must be properly marked with the country of origin.
Upon examination of the sample master carton, we conclude that
the country of origin marking on the bottom of the master carton,
is not acceptable because it is not conspicuous. First, the
master carton is likely to be stacked on a shelf so that the
bottom of the carton will not be visible to consumers. Second,
all the pertinent information about the product is contained on
the side panels of the box. Therefore, it is unlikely an
ultimate purchaser would invert the boxes and see the country of
origin information. Finally, in HQ 732809, December 20, 1989, a
ruling regarding the marking of boxes, Customs noted that the
bottom of a box was not a conspicuous location. In that case,
the bottom of a box contained a Box Maker's certificate with a
U.S. reference. Customs noted that the location of the
certificate on the bottom of the carton places it at a
significant distance from the view of an ultimate purchaser. Due
in part to its inconspicuous location, Customs found that the
U.S. reference did not trigger the requirements of 19 CFR 134.46.
Based on the above considerations, we find that the country of
origin marking on the master carton on the bottom is not easy to
find and is, therefore, not conspicuous.
Please be advised that the words "Assembled in Mexico" are
an acceptable country of origin designation only if the ribbon
cartridges are eligible for entry under subheading 9802.00.80,
Harmonized Tariff Schedule of the United States (HTSUS). See 19
CFR 10.22 and HQ 731507, October 17, 1989.
HOLDING:
The country of origin marking on the individual cartridge ribbon
cartons satisfies the requirements of 19 CFR 134.41(b) and 19 CFR
134.46 and is acceptable. The country of origin marking on the
bottom of the master cartons is not conspicuous and does not
satisfy the requirements of 19 U.S.C. 1304 and 19 CFR 134.41(b).
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch