Mar-2-05 CO:R:C:V 733084 RSD
O.W. Waters
Waters Shipping Company
North Carolina State Docks
P.O. Box 118
Wilmington, North Carolina 28402-0312
RE: Country of origin marking of keywound alarm clock
Dear Mr. Waters:
This is in response to your letter of January 22, 1990,
requesting a ruling regarding the country of origin marking of
imported keywound alarm clocks.
FACTS:
Your client, Toastmaster, Incorporated, intends to import
keywound alarm clocks made in Brazil under the product name
Ingraham. A sample of the clock wrapped in its proposed
packaging was submitted. You state that the clocks are normally
packed twelve to the carton and are sold to the ultimate
consumer by the clock. The clock is packaged in the box so that
the front of the clock can be seen. The words "MADE IN BRAZIL"
are printed on the bottom of the face of the clock. The same
words "Made in Brazil" are etched at the bottom of the back of
the clock case. On the back panel of the box the phrase "CLOCK-
MADE IN BRAZIL" appears, and on the very bottom of the back panel
the phrase "PRINTED IN BRAZIL" is present. The top panel of the
box gives a U.S. address, "P.O. Box 1609 Laurinburg, N.C."
ISSUE:
Whether the proposed marking of the country of origin of the
imported keywound alarm clock and its packaging satisfies
section 304 of the Tariff Act of 1930, as amended.
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.
Congressional intent in enacting 19 U.S.C. 1304 was that the
ultimate purchaser should be able to know by an inspection of the
marking on the imported goods the country of which the goods is
the product. The evident purpose 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 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)), mandates that the ultimate purchaser in the U.S. must
be able to find the marking easily and read it without strain.
Section 134.46, Customs Regulations (19 CFR 134.46), requires
that when the name of any city or locality in the U.S., other
than the name of the country or locality in which the article was
manufactured or produced, appears on an imported article or its
container, there shall appear, legibly and permanently, in close
proximity to such words, letters, or name, and in at least a
comparable size, the name of the country of origin preceded by
"made in," "product of," or other words of similar meaning. The
purpose of this section is to prevent the possibility of
misleading or deceiving the ultimate purchaser of the actual
origin of the imported goods.
Although the clock as packaged is conspicuously marked and
complies with the requirements of 19 CFR 134.41(b), it does not
satisfy the requirements of 19 CFR 134.46. Upon examination of
the sample submitted, we note that the top panel of the box has a
U.S. address, "P.O. Box 1609 Laurinburg, N.C." This office has
previously interpreted the close proximity requirement of 19 CFR
134.46 to mean that the country of origin marking must appear on
the same panel as the U.S. address so that the information is
viewable in one inspection of one panel of the box. (see HQ
730945 jd; August 11, 1988). In this case, if the top side of
the box contains a U.S. address, the top side of the box must
also contain the country of origin marking in letters of
comparable size preceded by "Made in," "Product of," or other
words of similar meaning.
It should be noted that in addition to the country of origin
marking requirements of 19 U.S.C. 1304, there are additional
marking requirements for clocks set forth in Additional U.S. Note
4, Chapter 91 of the Harmonized Tariff Schedule of the U.S.
(HTSUS) (copy enclosed).
HOLDING:
Based on the examination of the sample, we find the
requirements of 19 CFR 134.46 are not met because a U.S. address
appears on the top side of the box without the country of origin
marking appearing on the same side. As long as a U.S. address
appears on the top of the box the country of origin marking must
also appear on the top of the box.
Sincerely,
Marvin M. Amernick
Chief, Value, Special
Programs and Admissibility Branch
Enclosure