MAR-2-05 CO:R:V:C 734119 RSD
Rob Shouldice, President
Shouldice Cement Products Limited
Shallow Lake, Ontario NOH 2KO
RE: Country of origin marking requirements for designer stone
and designer brick used on the outside of buildings, containers,
19 CFR 134.32(d), 19 U.S.C. 1304(a)(3)(D)
Dear Mr. Shouldice:
This is in response to your letter dated March 26, 1991,
requesting a binding ruling on the country of origin marking
requirements for designer stones and designer bricks used on the
outside of buildings. A sample of a clear cellophane bag used to
package the stones was also received.
FACTS:
Your company manufactures concrete masonry units for load
bearing and veneer applications. The veneer products you
manufacture are called designer stones and designer bricks.
They are used on the outside of residential, commercial and
industrial buildings. The stones and bricks are used to surface
the walls of the buildings. You indicate that you are interested
in importing these products into the U.S. The products are
packaged on 40"x48" inch wooden pallets and secured by a 6 mil
poly bag, which is heat shrunk tight on the side of the cube.
The stones are wrapped in the poly bag in order to protect them
from damage. The bag is marked in several places with "MADE IN
CANADA." You indicate that the bricks and stones will used only
for new construction projects because they are not easily
attached to existing structures. You further indicate that the
designer stones and designer bricks will be shipped directly to
the end user who will cut the plastic wrap to commence
installation on the project.
ISSUE:
Are the country of origin marking requirements of 19 U.S.C.
1304 for the designer stones and designer bricks satisfied by
marking the outside of the poly bags, in which stones are
wrapped, with the country of origin?
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.
Accordingly, if the ultimate purchaser can tell the country of
origin of the bricks and stones by viewing the country of origin
marking on the container in which they are imported, the
individual bricks and stones themselves would be excepted from
marking under this provision. Therefore, it is necessary to
ascertain who is the ultimate purchasers of the bricks and
stones.
Section 134.1(d), Customs Regulations, (19 CFR 134.1(d)),
defines the ultimate purchaser as the generally the last person
in the U.S. who will receive the article in the form in which it
was imported. In this case, construction companies will use the
designer bricks and stones in the construction of new homes and
buildings. You indicated that the bricks and stones are used
only in new construction projects because it would very difficult
to attach them to existing structures. Accordingly, the
ultimate purchasers of the bricks and stones are the construction
companies who use them to build new buildings.
In 731555, July 18, 1988, Customs has previously ruled that
metal straps with plastic shrink wrap used to secure refractory
bricks were containers for purposes of 19 U.S.C. 1304(a)(3)(D)
and 19 CFR 134.32(d). Similarly, in this case we find that the
plastic poly bags surrounding the stones and bricks which are
heat shrunk onto the wooden pallets constitute containers for
purposes of these provisions. Because you state that you ship
the bricks and stones directly to the ultimate purchasers in
these containers and because the containers are conspicuously
marked "MADE IN CANADA", we find that marking the bag would
reasonably indicate the country of origin to the ultimate
purchaser of the stones and bricks.
HOLDING:
The ultimate purchasers of the designer bricks and stones
are the construction companies who use the bricks and stones to
construct homes and other buildings. The plastic poly bag used
to wrap the bricks and stones is a container and the sample bag
is conspicuously marked to indicate the country of origin of the
bricks and stones. The individual bricks and stones are excepted
from marking pursuant 19 U.S.C. 1304(a)(3)(D) and 19 CFR
134.32(d), if the bricks and stones are imported in properly
marked containers and the district director at the port of entry
is satisfied that they will reach the ultimate purchasers in the
original marked unopened containers in which they are imported.
Sincerely,
John Durant, Director
Commercial Rulings Division