MAR-2-05 CO:R:C:V 734733 RC
Ms. Margaret R. Polito
Coudert Brothers
200 Park Avenue
New York, New York 10166
RE: Country of Origin Marking Requirements for Safety-Eyewear
Frames and Parts; Stickers; Container Marking; HQ 734258.
Dear Ms. Polito:
This is in response to your inquiry of July 17, 1992,
requesting a ruling on the country of origin marking requirements
for imported frames and parts of prescription safety glasses.
The following facts are a modification of those you presented in
HQ 734258 (dated January 7, 1992). Also, incorporated herein are
the facts presented in your correspondence of November 4, 1992.
FACTS:
Your client, Hudson Optical Corporation (Hudson Optical), is
in the business of manufacturing and importing safety eyewear.
The articles imported into the U.S. comprise completed safety
glasses (non-prescription use) and safety frames (prescription
use). Some of the frames are imported unassembled, as fronts and
temples. The frames are further processed in the U.S. by
inserting domestically-manufactured prescription lenses therein.
The imported articles are packaged in resealable clear plastic
bags. These bags, as demonstrated by the submitted samples, bear
the country of origin marking, "Made in Korea", on printed
stickers affixed thereto. The finished products, being safety
glasses, are manufactured to comply with specific insurance and
federal requirements. In order to comply with such requirements,
all the frames must bear the designation "Z-87" which identifies
these articles specifically as safety eyewear. We assume that
the facts here are the same as in your prior ruling request in
that the frames and safety lenses are selected and bought by
employers for employees. This ruling is based upon your
representation that the glasses, frames, and parts imported by
Hudson Optical are exclusively of the safety type described
above, and applies only to such articles.
ISSUE:
Whether marking the plastic bags of safety eyewear instead of
the articles themselves satisfies the country of origin
marking requirements.
LAW AND ANALYSIS:
According to section 134.32(d), Customs Regulations (19 CFR
134.32(d)), an article is excepted from marking if the marking of
the article's container will reasonably indicate the origin of
such article. Customs must be satisfied that in all foreseeable
circumstances the article will reach the ultimate purchaser in a
properly marked container.
In HQ 734258 (January 7, 1992) issued to your client, we
ruled that if employers purchase safety glasses for their
employees, the optical laboratories that insert the prescription
lenses into the frames are the ultimate purchasers of the frames.
There, we authorized the use of hangtags and stickers, provided
the marking is conspicuous, legible, and permanent as indicated
in 19 CFR 134.41 and 19 CFR 134.44.
It is our opinion that marking the frames and parts by
placing a sticker on the resealable plastic bag which contains it
will be sufficient marking. However, this ruling applies only to
those circumstances as described in HQ 734258 and here, where the
optical laboratory is the ultimate purchaser.
Pursuant to section 134.26, Customs Regulations (19 CFR
134.26), the importer must certify that if the articles are
repacked or manipulated, the new container shall be marked to
indicate the country of origin or if the article will be sold or
transferred to a subsequent purchaser or repacker, the importer
shall notify such purchaser or transferee, in writing, at the
time of sale or transfer, that any repacking of the article must
conform to these requirements. It is our opinion that Hudson
Optical as the importer is obligated to follow the procedures set
forth under 19 CFR 134.26.
HOLDING:
The eyeglass frames for prescription safety lenses and parts
may be marked with their country of origin by means of stickers
affixed to resealable plastic bags. This approval extends only
to the circumstances set forth in HQ 734258 and here, where an
optical laboratory is the ultimate purchaser of the imported
frames and parts. Additionally, Hudson Optical must file a
repacking certificate with the district director.
Sincerely,
John Durant, Director