MAR-2-05 CO:R:C:V 732836 NL
Al Sherman
Jack R. Huls & Co.
61 12th Street, P.O. Box 1599
Blaine, Washington 98230
RE: Country of Origin Marking of Dart Wallets
Dear Mr. Sherman:
This is in response to your letters of October 20, and
December 14, 1989, in which you request a ruling that a leather
wallet-style container for darts is not required to be marked
with its country of origin.
FACTS:
Your client, Neat Things Importing, Inc., imports separately
to the U.S. the elements of sets of darts. The dart shafts are
imported from the United Kingdom, the dart protectors from Hong
Kong, and the plastic and paper packaging from Hong Kong and/or
Canada. A pocket-sized leather wallet which contains the darts
is imported from China. The wallet has two snap closures and
several inside sleeves to hold the darts and flechettes. The
entire set is packaged in the U.S. for retail sale. A sample of
the dart set as packaged was submitted for examination. The
packaging consists of a back card with a molded clear plastic
cover which displays the contents. The front of the card bears
the words "Made in England". The back of the card discloses the
name of the importer.
The wallet bears a small paper sticker label, approximately
1/3" in diameter, which reads "Made in China". You state that
Customs officials are requiring that the wallet be marked with
its country of origin by means of die stamping or by means of a
sewn in label. It is your position that the dart wallet should
not be required to be marked. You state that the wallet is low
in value relative to its contents; that to the customer the most
important item in the package is the darts; and that the wallet
merely helps to protect the darts between use and is often
discarded.
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ISSUES:
Is the dart wallet required to be separately marked with
its country of origin? If so, what method of marking will
satisfy the country of origin marking requirements?
LAW & 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. Part 134, Customs
Regulations (19 CFR Part 134), implements the country of origin
marking requirements and exceptions of 19 U.S.C. 1304.
Upon examination of the dart wallet it is our opinion that
the wallet is a substantial permanent container especially
designed to hold the darts. The wallet obviously adds to the
convenience and utility of the set, and confers considerable
added attractiveness to the dart set. We do not view the wallet
as a disposable container, but rather as a separate article in
the nature of a musical instrument, jewelry, or gun case. In
ruling 708844 AB (March 7, 1978), we ruled that a vinyl carrying
case for a pocket calculator must be marked with its country of
origin, and we see no significant difference here. It is our
opinion that the dart wallet is a separate subtantial article of
commerce which must be separately marked with its own country of
origin.
It is further our opinion that section 134.14, Customs
Regulations (19 CFR 134.14), applies here to require that the
wallet be marked so that the name of the country of origin of the
wallet will be clearly visible after the elements of the dart set
are combined in their retail package. Further, 19 CFR 134.14
requires that the marking include, in addition to the name of the
country of origin, words or symbols clearly showing that the
origin indicated is that of the wallet only and not of the other
articles with which it is combined in the dart set. This
requirement would be satisfied by a marking such as "Wallet
made in China".
While special provisions govern the method of marking the
country of origin of certain articles, there are no special
requirements affecting the dart wallet. Broadly, 19 U.S.C. 1304
requires that the marking be as legible, permanent and indelible
as the nature of the article will permit. Section 134.44(b),
Customs Regulations (19 CFR 134.44(b)), approves the use of
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paper sticker or pressure sensitive labels, provided they are
"affixed in a conspicuous place and so securely that unless
deliberately removed they will remain on the article while it is
in storage or on display and until it is delivered to
the ultimate purchaser." Upon examination of the submitted
sample we are of the opinion that the label satisfies this
requirement.
HOLDING:
A leather dart wallet imported into the U.S. to be packaged
and sold as part of a dart set must be separately marked with its
own country of origin pursuant to 19 CFR 134.14. Such marking
must clearly refer to the wallet alone, by means of such words
as, "wallet made in China", or words to similar effect.
Pursuant to 19 CFR 134.44 the paper label affixed to the wallet
is an acceptable method of marking the wallet's country of
origin. Since the dart set wallet will be repacked after
importation, the importer must follow the certification
procedures set forth in 19 CFR 134.26 whereby the importer
certifies that the marking will remain visible after repacking or
that he will mark the new package conspicuously.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch
cc: Port Director,
Blaine, Washington