MAR-2-05 CO:R:C:V 733839 EAB
Karen S. Bressler
Procorp, Inc.
283 Pleasant Street
Framingham, Massachusetts 01701
Re: Country of origin marking of soundbox. repacked; 19 U.S.C.
1304; 19 CFR 134.26; 19 CFR 134.41; Friedlaender; National
Juice
Dear Ms. Bressler:
This is in reply to your letter dated October 4, 1990, in
which you request a binding ruling on the proper country of
origin marking of foreign soundboxes.
FACTS:
Your company imports sound boxes that are intended to be
used as a premium incentive. In particular, your company intends
to sell these items to cereal manufacturers, who will place them
in cereal boxes.
It is not clear whether you will sell the items to the
cereal maker before each one is "overwrapped" with a clear
polybag. You have not submitted a sample of the polybag, or a
sample sound box that has been overwrapped. The sample that you
have submitted is a black plastic sound box of the following
proximate dimensions: 2.25 x 1.375 x 0.375 inches. The words
"MADE IN CHINA" are molded into the plastic in small, but
legible, letters which can be easily read near the bottom of one
of the surfaces. The sound is apparently activated by a light-
sensitive switch, hence a cardboard sleeve is fitted onto the
sound box, covering the light-admitting orifice. The sleeve is
approximately one-half the length-wise dimension of the sound
box, and slides easily up and down. You have indicated that the
country of origin marking will be placed in a location where it
will not be obscured by the cardboard sleeve.
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides that every article of foreign origin (or its con-
tainer) 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 indi-
cate to the ultimate purchaser in the U.S. the English name of
the country of origin of the article. The primary purpose of the
country of origin statute 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 the product,
if such marking should influence his will." United States v.
Friedlaender & Co., 27 CCPA 297 (1940); National Juice Products
Association v. United States, 10 CIT 48 (1986).
Part 134, Customs Regulations (19 CFR Part 134) implements
the statutory country of origin marking requirements and
exceptions. Pursuant to 19 CFR 134.41(b), the country of origin
marking is considered conspicuous if the ultimate purchaser can
find the marking easily and read it without strain. Although the
"Made in China" marking appears in small and non-contrasting
letters as a result of the molding process, considering the
nature and small size of the article, in this case we find that
the marking can be found easily and read without strain; as long
as the marking in not obscured by the cardboard sleeve, it is
acceptable. Pursuant to 19 CFR 134.26(a), if an article subject
to these requirements is intended to be repacked in retail
containers after its release from Customs custody, or if the
district director having custody of the article, has reason to
believe such article will be repacked after its release, the
importer shall certify to the district director that, 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, or, if the article is intended to 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.
In view of the fact that the marking on the sound box will
be obscured when it is repacked in cereal boxes, the requirements
of 19 CFR 134.26 apply. Customs is of the opinion that the
cereal boxes must be marked with the country of origin of the
foreign toys.
We suggest the following marking on the cereal boxes: "Toys
Made in China".
HOLDING:
So long as the country of origin marking on the sound box is
not obscured by the cardboard sleeve, it satisfies the
requirements of 19 U.S.C. 1304. However, because it will be
repacked in cereal boxes, the requirements of 19 CFR 134.26 set
forth above are applicable.
Sincerely,
John Durant, Director
Commercial Rulings Division