MAR-2-05 CO:R:C:V 732917 RSD
Mr. Bruce A. Bell
W. N. Proctor Company, Inc.
115 Broad Street
P.O. Box 192
Boston, Massachusetts 02101
RE: Country of origin marking of imported ceramic houseware and
kitchenware articles
Dear Mr. Bell:
This is in response to your letter of November 17, 1989,
requesting a country of origin ruling regarding imported ceramic
houseware and kitchen articles. We regret the delay in
responding.
FACTS:
Your client, Boston Warehouse Trading Corporation, intends
to import a number of ceramic houseware and kitchenware articles.
A sample cheese grater in a decorative box was submitted. The
country of origin of this article is Taiwan, but you indicate
that the country of origin for the other products might be
different. The importer intends only to mark the box with the
country of origin and not the actual article itself.
The box which contains the cheese grater is marked on the
bottom panel in white lettering "MADE IN R.O.C." On the same
line, also in white lettering, the words, "CHEESE GRATER/MODEL
NO. 02-CHG" appear. On the next line, the name of the company
"BOSTON WAREHOUSE TRADING CORP." appears in black lettering. The
country name Taiwan is found on a third line also in black
lettering. On one side panel of the container there is another
reference to the company name "BOSTON WAREHOUSE."
You further state that Boston Warehouse Trading corporation
is a Massachusetts company that has been doing business under
that name since 1982.
ISSUES:
Must the article be marked with the country of origin if the
container is marked?
Is the country of origin marking on the bottom of a
container with the initials of R.O.C. acceptable marking?
Whether the appearance on a container of the company name
"Boston Warehouse Trading Corporation" invokes the requirements
of 19 CFR 134.47?
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 134.41(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.
It appears that the sample ceramic cheese grater will be sold to
the ultimate purchaser in the box because of the elaborate
design of the box and because it could easily break if not
boxed. In addition, significant product information appears on
the box. Accordingly, if Customs officials at the port of entry
are satisfied that the ceramic cheese grater and other similar
imported articles will remain in the marked boxes until they
reach the ultimate purchaser, the articles may be excepted from
individual marking under this provision.
However, upon examination of the proposed country of origin
marking on the sample carton, we find that it is unacceptable.
First, an abbreviation, "R.O.C.," is used to indicate the country
of origin. "R.O.C." presumably is used for the Republic of
China. In T.D. 80-253 (October 16, 1980), Customs ruled that
with respect to articles from Taiwan, the words "Republic of
China" or the initials "ROC" by themselves do not denominate a
government or state recognized by the U.S. Articles
manufactured or produced in Taiwan must bear the official country
of origin marking "Taiwan" or "Made in Taiwan." Customs has
also determined that although "Republic of China" or "ROC" shall
not be accepted as country of origin markings, they will not
cause such articles to be inadmissible so long as the official
marking "Taiwan" or "Made in Taiwan" appears thereon preceding
these other markings. (see HQ 713245, July 25, 1980).
Although a "Taiwan" marking also appears on the box, it does
not precede the "R.O.C." reference as required by HQ 713245. In
addition, the marking appears on the bottom of the box and is not
conspicuous within the meaning of 19 CFR 134.41(b). Customs has
previously ruled that the bottom of a box is not a conspicuous
location for a country of origin marking. (See HQ 732579, March
27, 1990). The country of origin marking must appear in a
conspicuous location such as the top or the side of the box.
Finally, the "Taiwan" marking does not satisfy the
requirements of section 134.47, Customs Regulations (19 CFR
134.47). This section requires that when as part of a trademark
or trade name or as part of a souvenir marking the name of a
location in the U.S. or "United States" or "America" appear, the
article shall be legibly, conspicuously, and permanently marked
to indicate the name of the country of origin of the article
preceded by "Made in," "Product of," or other similar words, in
close proximity or in some other conspicuous location. It has
been asserted that "Boston Warehouse Trading Corporation" is a
trade name. Copies of letterhead and product lists which have
printed on them the name "Boston Warehouse" or "Boston Warehouse
Trading Corporation" have been submitted as evidence of use of
the trade name. Based on this evidence, we conclude that the
importer is doing business under the name Boston Warehouse
Trading Corporation or Boston Warehouse, and it would qualify as
a trade name. Because this trade name contains the name of a
U.S. city, if it appears on the article or its container, the
requirements of 19 CFR 134.47 are triggered. Accordingly, the
country of origin of the article must also appear on the
container in a conspicuous location preceded by the words "Made
in," "Product of," or other similar words. In this case neither
requirement of 19 CFR 134.47 is satisfied. The Taiwan marking is
not preceded by words such as "Made in" or "Product of" and it is
not conspicuous.
HOLDING:
If Customs officials at the port of entry are satisfied that
the articles described above will be sold to ultimate purchasers
in their original boxes which are marked with the country of the
contents the articles may be excepted from marking under 19
U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32.(d). However, the
"Taiwan" marking on the bottom of the box is not conspicuous. In
addition, if the abbreviation "R.O.C." or "Republic of China"
appears on the container, the country name "Taiwan" or the words
"Made in Taiwan" must be adjacent to the abbreviation "R.O.C." or
"Republic of China" for the marking to be acceptable. Finally,
because "Boston Warehouse Trading Corporation" appears on the
container, the requirements of 19 CFR 134.47 are invoked. The
proposed marking, "Taiwan" does not meet the requirements of 19
CFR 134.47 and is unacceptable because the marking is on the
bottom of the container, a location, which is not conspicuous and
it is not preceded by words such as "Made in" or "Product of."
Sincerely,
Marvin M. Amernick
Chief, Value, Admissibility
and Special Programs Branch
cc: District Director
Boston, Massachusetts