MAR-2-05 CO:R:C:V 732679 EAB
Fred Goris
Supervisor, International
Distribution & Customs Compliance
Fisher-Price
636 Girard Avenue
East Aurora, NY 14052-1885
Re: Country of origin marking of retail packages containing
foreign and domestic articles
Dear Mr. Goris:
This is in reply to your letters dated August 22, 1989 and
January 23, 1990, in which you request a ruling on the country of
origin marking requirements of cartons of toy sets that contain
both domestic and foreign articles.
FACTS:
Your company markets various toy sets which are sometimes
composed of products with more than one country of origin. Due
to production shifts, mold placement and other unspecified con-
siderations, a given piece of the toy set may be made in Mexico
one time, and made in the U.S. another time, but at all times,
the set contains numerous foreign and domestic pieces which are
identical but for their origin. You contend that all of the
articles made in Mexico will be individually marked with their
correct country of origin when produced. We will assume that the
marking meets all of the requirements of 19 U.S.C. 1304 and 19
CFR Part 134. You wish to use the phrase "Contents from USA and
Mexico" on the retail package.
ISSUE:
What are the country of origin marking requirements of a
retail package containing numerous domestic and foreign articles
that are identical and properly marked with their respective
country of origin?
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides that every article of foreign origin (or its con-
tainer) 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 indi-
cate to the ultimate purchaser in the U.S. the English name of
the country of origin of the article. The primary purpose of the
country of origin statute 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 the product,
if such marking should influence his will." United States v.
Friedlaender & Co., 27 CCPA 297 (1940); National Juice Products
Association v. United States, 10 CIT 48 (1986).
Part 134, Customs Regulations (19 CFR Part 134) implements
the statutory country of origin marking requirements and
exceptions. Pursuant to 19 CFR 134.26(a), if an article subject
to these requirements is intended to be repacked in retail
containers after its release from Customs custody, the importer
shall certify to the district director that, if the importer does
the repacking, he shall not obscure or conceal the country of
origin marking appearing on the article, or else the new
container shall be marked to indicate the country of origin of
the article.
Since you intend to repack the Mexican made components with
domestic components, Customs is of the opinion that the retail
container must be marked with the country of origin of the for-
eign toys.
The marking that you propose, "Contents from USA and
Mexico," is not specific enough since it does not identify which
articles are of foreign origin as required by 19 U.S.C. 1304. We
suggest that the following marking on the retail cartons would be
more specific: "Contents from USA and Mexico. See Marking on
Each Article Inside."
Since 19 U.S.C. 1304, administered by Customs, involves the
country of origin marking requirements only of articles of for-
eign origin, and any marking also would refer to the origin of
domestic articles, we have contacted the Federal Trade Commission
to ascertain whether this marking, i.e. "Contents from USA and
Mexico. See Marking on Each Article Inside," meets FTC require-
ments. While the staff of the FTC does not find such marking
objectionable, you are hereby advised that the views expressed in
this regard reflect only the opinion of the staff of FTC and are
not considered binding upon the Commission; further, this letter
has not been reviewed or approved by either the Federal Trade
Commission or any individual Commissioner.
HOLDING:
If a foreign article is repacked in retail containers after
its release from Customs custody, the importer must certify to
the district director that, if the importer does the repacking,
he shall not obscure or conceal the country of origin marking
appearing on the foreign article, or else the new container shall
be marked to indicate the country of origin of the article. If a
foreign article is repacked with domestic articles, the retail
package must be marked to indicate the country of origin of the
foreign article. The marking on the retail toy container may
indicate that the contents are from the U.S.A. and the foreign
country of origin if the toys are individually marked with their
foreign origin and the marking of the container indicates this to
the ultimate purchaser.
The marking the retail package as suggested herein to
indicate the origin of domestic articles also contained therein
is not considered binding upon the Federal Trade Commission.
This letter has not been reviewed or approved by the Commission
or by any individual Commissioner.
Sincerely,
Marvin M. Amernick, Chief
Value, Special Programs and
Admissibility Branch