MAR-2-05 CO:R:V:C 734191 AT
Mr. S.M. Mims, Corporate Counsel
Texas Instruments, Incorporated
13500 North Central Expressway
Dallas, Texas 75265
RE: Country of origin marking requirements for semiconductors;
conspicuous marking; 19 CFR 134.41(b)
Dear Mr. Mims:
This is in response to your letter dated May 22, 1991,
requesting a binding ruling on the country of origin marking of
semiconductors imported from the Philippines. Two samples of
the Model 40 YS PDIP package semiconductors were submitted for
our review.
FACTS:
Your company intends to import semiconductors from the
Philippines. These semiconductors are approximately 1 3/8 inches
in length and 1/2 inches in width. The semiconductors are marked
on the bottom corner of the ejector pin area with the word
"Philippines" in lettering approximately 2 points (a point is a
unit of type measurement equal to 0.01384 inch or nearly 1/72
in., and all type sizes are multiples of this unit), and in the
same color as the article. The word "Philippines" is printed in
circular fashion. You state that your assembly operation in the
Philippines has requested that you determine the acceptability of
this country of origin marking with Customs.
ISSUE:
Is the country of origin marking on the bottom corner of the
ejector pin area of the semiconductor sufficiently conspicuous to
satisfy the country of origin marking requirements?
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). C.A.D. 104
(1940).
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. As provided in section 134.41(b), the country of
origin marking is considered conspicuous if the ultimate
purchaser in the U.S., is able to find the marking easily and
read it without strain.
In HQ 733965 (June 3, 1991), Customs ruled that a small
paper label affixed to a plastic watch container marked with the
country of origin in lettering approximately 3 points was not
conspicuous in that due to the very small nature of the print the
marking was not easy to read. Customs stated that the concept of
conspicuousness embraces two concerns: (1) visibility, which
addresses the requirement that the marking must be able to be
found easily, and (2) legibility, which addresses the requirement
that the marking must be able to be read without strain. Customs
also stated that the country of origin marking should be
presented in a format that is conspicuous: made readily apparent,
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 by them, if such marking should influence his will.
In this case, the country of origin marking "Philippines"
is neither easy to find nor easy to read because it is printed in
even smaller print, approximately 2 points, as compared to 3
points as used in the watch container case, it appears in
circular fashion, it is in non-contrasting letters and it appears
on the bottom of the semiconductor. These facts, when taken
together, render the marking difficult to find and read, and
therefore unacceptable. We also note that the semiconductor
would easily accommodate a larger conspicuous and legible country
of origin marking.
HOLDING:
The country of origin marking "Philippines" on the bottom
corner of the ejector pin area of the semiconductor as described
above, is not conspicuous and does not satisfy the requirements
of 19 U.S.C. 1304 and 19 CFR 134.41(b).
Sincerely,
John Durant, Director
Commercial Rulings Division