Mar-2-05 CO:R:C:S 735332 AT
Kathleen M. Murphy, Esq.
Katten Muchin & Zavis
525 West Monroe Street
Suite 1600
Chicago, Illinois 60661-3693
RE: Country of origin marking of automotive parts imported from
various foreign countries; conspicuous; close proximity;
U.S. locality; 19 CFR 134.46; C.S.D. 92-33; HQ 734491;
HQ 734469: refers ultimate purchaser to look for origin
in another location
Dear Ms. Murphy:
This is in response to your letters dated August 25 and
December 22, 1993, and July 1, 1994, on behalf of Robert Bosch
Corporation ("Bosch"), requesting a ruling on the country of
origin marking of imported automotive parts and accessories
imported in bulk for repackaging in the United States. Sample
automotive parts (fuel pump and a cap & rotor kit) and the
containers in which the parts are repackaged were submitted with
your letters.
FACTS:
You state that Bosch intends to import automotive parts and
accessories from various foreign countries to be sold to original
equipment manufacturers and retail and auto stores in the U.S.
Some of the imported products may consist of a single part, for
example, a gasoline fuel pump. Others, however, may consist of
multiple parts, such as a cap and rotor.
You also state that some of the products imported by Bosch
into the U.S. are entered in bulk shipments. These products, you
claim, will be properly marked at the time of importation with
their country of origin, legibly and conspicuously, by die
stamping, cast-in-mold lettering, or other permanent means. In
the U.S., Bosch intends to repack the imported bulk products into
retail containers. The containers will consist of two types,
either opaque 6 sided cardboard cartons or transparent blister
pack containers. The blister packs will be attached to a
cardboard placard, which will permit them to be displayed on
hooks at retail stores. You have submitted a sample of each type
of container as well as sample automotive part(s) packaged in the
containers for our review.
Bosch proposes to print the words "Contents Imported. See
Article for Country of Origin" on the outside of the cardboard
retail containers or, in the case of the blister packs, on the
placard to which they are attached. You state that for both the
cardboard container and blister packs, the origin statement
"Contents Imported. See Article for Country of Origin" will be
placed on the same panel as the company's U.S. address and in
comparable print size.
The sample cardboard container is unsealed and printed with
Bosch's company address "Broadview, Illinois 60153" on the back
panel of the box in red lettering approximately 7 points (a point
is a unit of measurement approximately equal to 0.01384 inches or
nearly 1/72 inches). The words "Contents Imported as Marked"
appear directly below the company's address in red lettering
approximately 7 points. Product information such as quantity,
description of the part and part number is printed on the top
flap of the box. Bosch's name appears on three panels of the
box. Inside the box is a gasoline fuel pump which is packaged in
a clear plastic bag. No markings appear on the plastic bag. The
country of origin of the pump "Made in Germany" and the part
number is die stamped into the bottom of the pump which can be
easily seen and read through the bag.
The sample blister pack is sealed and contains a cardboard
placard inside. The bottom front of the placard is marked with
the company's address "Broadview, Il." on the bottom in black
lettering approximately 7 points. The words "Contents Imported
as Marked" appear directly below the company's address. Other
information, such as the description of the article, part number
and car model, appears on the top of the front panel. The
company's name "Bosch", a description of the article and warranty
information appear on the back of the placard. A cap and rotor
kit is attached to the placard inside the sealed blister pack.
The country of origin marking "Made in Japan" and part number are
cast-in-mold into the cap and rotor. The origin marking "Made in
Japan", however, cannot be easily seen or read through the sealed
plastic blister pack.
You contend that since each of the repackaged products is
properly marked with their country of origin, the proposed
marking "Contents Imported. See Article for Country of Origin"
printed on either the cardboard container or the blister placard,
in the manner described above, satisfies the marking requirements
of 19 U.S.C. 1304 and 19 CFR Part 134.
ISSUES:
Does the phrase "Contents Imported. See Article for Country
of Origin" proposed to be marked on the cardboard containers and
the placard attached to the blister packs as described above
satisfy the country of origin marking requirements set forth in
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, 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. Section 134.1(d), Customs Regulations (19 CFR
134.1(d)) defines ultimate purchaser as "generally the last
person in the U.S. who will receive the article in the form in
which it was imported." If an imported article is to be sold at
retail in its imported form, the purchaser at retail is the
ultimate purchaser. In this case, the ultimate purchaser of the
automotive parts and accessories is the consumer who purchases
the product at retail. Are The Automotive Parts Conspicuously Marked With The Country Of
Origin?
Section 134.41, Customs Regulations (19 CFR 134.41),
provides that 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 this case, we find that, as imported, the country of
origin markings "Made in Germany" die stamped on the fuel pump
and "Made in Japan" molded into the cap and rotor are conspicuous
in that they are easy to find and read.
Are the Repackaged Automotive Parts Conspicuously Marked with the
Country of Origin?
As indicated above, after importation Bosch intends to
repackage the individually marked automotive parts and
accessories into retail containers (either unsealed cardboard
cartons or sealed plastic blister packs). Therefore, Bosch must
satisfy the repackaging certification requirements set forth in
19 CFR 134.26. 19 CFR 134.26 provides in pertinent part that:
If an imported article subject to these requirements is
intended to be repackaged in retail containers (e.g.
blister packs) after its release from Customs custody, or
if the district director having custody of the article,
has reason to believe that such article will be repacked
after its release, the importer shall certify to the
district director that: (1) 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 in accordance with the requirements
of this part . . . (Emphasis added).
Due to the fact that Bosch proposes to mark the retail
containers with the phrase "Contents Imported. See Article for
Country of Origin" to indicate the country of origin of the
imported article(s) it must be determined whether this phrase
satisfies the marking requirements set forth in 19 CFR Part 134.
Does The Proposed Country of Origin Marking "Contents Imported.
See Article for Country of Origin" Printed on the Retail
Containers In The Manner Described Above Satisfy The Marking
Requirements Of 19 CFR Part 134? In determining whether the marking is acceptable, Customs
will take into account the presence of words or symbols on an
article which may mislead the ultimate purchaser as to the
country of origin. Consequently, if the words "United States,"
or "America," the letters "U.S.A.," any variation of such words
or letters, or the name of any city or locality other than the
country of origin appear on the imported article, special marking
requirements are triggered.
Section 134.46, Customs Regulations (19 CFR 134.46),
requires that in any case in which the words "United States," or
"American," the letters "U.S.A.," any variation of such words or
letters, or the name of any city or locality in the United
States, or the name of any foreign country or locality other than
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 as to the actual origin of the imported goods.
The special marking requirements set forth in section 134.46
are triggered by the words "Broadview, Illinois" printed on the
back panel of the cardboard carton and on the front side of the
placard enclosed in the blister pack directly above the country
of origin marking. Accordingly, the actual country of origin of
the imported automotive parts must appear "in close proximity" to
the U.S. reference and in lettering of at least a comparable
size. Therefore, the critical issue presented in this case is
whether the marking "Contents Imported. See Article for Country
of Origin Marking" printed directly below the U.S. reference
"Broadview, Illinois" satisfies the country of origin marking
requirements of 19 CFR 134.46.
Customs has previously approved country of origin markings
which do not designate a specific country of origin in close
proximity to the U.S. reference but instead direct the ultimate
purchaser to a conspicuous location where the country of origin
can be found on the article. For example, in C.S.D. 92-33
(September 2, 1992), Customs determined that the language "See
Part Number Label For Country of Origin" printed on stand-alone
boxes and outside wrappers containing imported engine parts
immediately beneath a U.S. address, was acceptable if the part
number label displaying the name of the country of origin was
easily visible to the ultimate purchaser. See also, HQ 734491
(April 13, 1992), in which Customs approved the country of origin
marking "Contents Imported. See Article for Country of Origin"
printed on retail containers where the auto parts were
individually marked with their origin. In HQ 732374 (July
7,1989), Customs approved the language "Refer to neck label for
country of origin" printed on the outside of a poly bag
containing men's dress shirts immediately beneath a U.S. address,
provided the neck label displaying the name of the country of
origin in each shirt was easily visible to the ultimate
purchaser.
Similarly, in this case, we find that the proposed origin
marking printed on the unsealed cardboard carton directly below
the U.S. reference satisfies the requirements of 19 CFR 134.46.
The words "Contents Imported. See Article for Country of Origin"
appears in close proximity and at least in comparable size to the
U.S. reference "Broadview, Illinois". Moreover, the actual
country of origin on the fuel pump is conspicuously marked on the
bottom of the pump, being that the marking is both easy to find
and read by an ultimate purchaser.
With respect to the origin marking "Contents Imported. See
Article for Country of Origin" printed on the placard of the
sealed blister pack and directly below the U.S. reference
"Broadview, Illinois", we find that the marking does not satisfy
the requirements of 19 CFR 134.46. Although the origin marking
appears in close proximity and at least in a comparable size as
the U.S. reference, the actual origin marking "Made in Japan"
marked on the sample cap and rotor contained inside the sealed
blister pack cannot be easily found or read through the blister
pack upon a casual examination. The cap and rotor cannot be
easily examined for its country of origin since the blister pack
is sealed. Accordingly, the actual country of origin of the
automotive part or accessories must be indicated in close
proximity to the U.S. reference and in at least a comparable size
lettering to satisfy the marking requirements of 19 CFR 134.46.
We note, however, that if the country of origin marking can
be easily found and read through the blister pack upon a casual
examination of the article(s) inside, as is not the case here
with the submitted sample, marking the placard of the blister
pack with the origin marking "Contents Imported. See Article for
Country of Origin" in the same manner as described above would
satisfy the requirements of 19 CFR 134.46 and, thus would be an
acceptable country of origin marking for the imported automotive
parts and accessories repacked in the blister packs. HOLDING:
Automotive parts and accessories which are imported
conspicuously marked with their country of origin and are
repacked in the U.S. into either cardboard cartons or plastic
blister packs for retail sale are subject to the certification
and notice requirements of 19 CFR 134.26.
Marking the repacked cardboard cartons with the phrase
"Contents Imported. See Article for Country of Origin" in the
manner described above satisfies the requirements of 19 U.S.C.
1304 and 19 CFR Part 134, provided the imported automotive parts
and accessories are individually marked to indicate their country
of origin.
Marking the placard enclosed in the plastic blister pack
with the country of origin marking "Contents Imported. See
Article for Country of Origin" in the manner described above
satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134,
provided the country of origin marking on the individual imported
article(s) can be easily found and read through the blister pack,
as is not the case with the submitted cap and rotor kit.
Sincerely,
John Durant, Director
Commercial Rulings Division