MAR-2-05 CO:R:V:C 733694 AT
Vito A. Pipitone
John F. Kilroy Co., Inc.
One World Trade Center
New York, New York 10048
RE: Country of origin marking requirements for curtain panels
wrapped in clear plastic cellophane bags; 19 CFR 134.32 (d)
Dear Mr. Pipitone:
This is in response to your letter dated July 31, 1990, in
which you seek a ruling on the country of origin marking
requirements for imported curtain panels.
FACTS:
Your client, Editex Home Curtain Corp., intends to import
curtain panels made in Turkey. A sample of the curtain panel and
its container (a plastic cellophane bag with paper insert) has
also been submitted along with your letter. You indicate that
the curtain panel, as imported, is individually packed in clear
plastic cellophane bags and sealed with a cellophane adhesive
tape. Also inside the cellophane bag is the curtain panel plus
on top of the curtain is a paper insert, measuring approximately
8" x 11" which illustrates the curtain panel, and gives the style
name, care instructions, color and size. In addition to such
information, the paper insert indicates on the right corner:
1. Made in Turkey
2. Composition 100% polyester
3. Made Exclusively For: Editex Home Curtain Inc.
Importers of Fine Panels & Tablecloth
You indicated in a telephone conversation with a member of my
staff on March 22, 1991, that Editex sells the curtain panels at
retail directly to the ultimate purchaser and that it sells the
panels only in the cellophane bags containing the paper insert.
ISSUE:
Do the curtain panels have to be individually marked with
their country of origin if the paper insert in the cellophane
bag is marked with the 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. 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 134.31(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.
An article is excepted from marking under 19 U.S.C. 1304
(a)(3)(D) and 19 CFR 134.32(d), if the marking of a container of
such article will reasonably indicate the origin of such article.
Accordingly, if the ultimate purchaser can tell the country of
origin of the curtain panel by viewing the container, the
individual curtain panel would be excepted from marking under
this provision.
In view of the fact that all the information about the
curtain panel is contained on the paper insert, it is clear the
product is designed to be sold to the ultimate purchaser in the
cellophane bags with the paper inserts. Moreover, you indicate
that this is how the curtain panels are always sold to the retail
purchaser. Accordingly, we find that the "Made in Turkey"
marking on the paper inserts, which is visible through the
packaging, will reasonably indicate the country of origin to the
ultimate purchaser provided the conditions specified below are
met.
HOLDING:
The individual curtain panels are excepted from country of
origin marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR
134.32(d) if the district director at the port of entry is
satisfied that the curtain panels are imported in the sealed
clear plastic cellophane bags with the paper insert and that the
curtain panels will reach the ultimate purchaser in these
unopened marked bags.
Sincerely,
John Durant, Director
Commercial Rulings Division