MAR-2-05 CO:R:C:V 734491 NL
Mr. Eric Inman
Corporate Packaging Manager
Balcamp, Inc.
2601 South Holt Road
Indianapolis, IN 46241
RE: Country of Origin Marking - Repackaged Auto Parts; 19 CFR
134.46; 19 CFR 134.26; 19 CFR 134.24(c).
Dear Mr. Inman:
This is in response to your letter dated January 24, 1992,
in which you request guidance concerning the country of origin
marking requirements for automotive replacement parts.
FACTS:
Balkamp is a distributor and repackager of automotive
replacement parts, including some which are imported. Your
letter advises that the imported parts enter the U.S. in bulk
for repackaging in cartons. The parts are marked as to their
origin either on the parts themselves or on their inner
packaging. We assume for purposes of this ruling that these two
types of marking satisfy the requirements of permanence,
legibility, and conspicuousness. We also assume that the inner
packaging consists of a plastic bag or the like which is not
suitable by itself as packaging for retail sales. You further
indicate that Balcamp's U.S. address is printed on the outside of
the cartons which will be used to package the parts for retail
sale.
You believe that the marking of the parts themselves or
their inner packaging is sufficient to comply with the country of
origin marking requirements, notwithstanding the fact that they
are sold to the ultimate purchaser in a carton upon which is
printed Balcamp's U.S. address. The above-described marking
would, in your opinion, be sufficient to allow the ultimate
purchaser to make a purchasing decision based on the country of
origin of the automotive part.
ISSUE:
Is additional or different marking required for the above-
referenced auto parts repackaged in cartons?
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.
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304.
Inasmuch as Balkamp conducts repacking operations for its
imported parts, the requirements of 19 CFR 134.26 would be
applicable. In brief, these requirements are that the importer
must supply Customs with a certificate to the effect that the
new packaging will not obscure or conceal the country of origin
marking on the article, and that the packaging otherwise will
satisfy the requirements of 19 U.S.C. 1304 and Part 134, Customs
Regulations. In addition, the importer must certify that he will
provide notice to subsequent purchasers or repackers of their
obligations under 19 U.S.C. 1304 and Part 134, Customs
Regulations.
With respect to replacement auto parts it is Customs
position that the ultimate purchaser of such articles is the
owner of the automobile into which the parts will be installed.
See HRL 733241 (August 27, 1989). In practice, sometimes the
owner is shown the part by the installer, sometimes the retail
box is shown either before or after, and sometimes not at all.
The marking requirements for auto parts must be tailored to
account for these possibilities. Bearing in mind that the
fundamental marking principle is that the article be marked in
such a manner as to indicate its origin to the ultimate
purchaser, we are of the opinion that the placement of properly
marked auto parts in unmarked containers would tend to obscure
the marking from the ultimate purchaser. Applying the marking
requirements for sealed and unsealed containers set forth at 19
CFR 134.24(c), we cannot find that the marking on the article
would be visible through the container. Nor can we find, for the
reasons stated above, that the box containing an auto part would
normally be opened by the ultimate purchaser for examination
(including examination for country of origin marking) prior to
purchase. If the box were to be sealed, the regulation plainly
requires that it be marked as to the origin of its contents.
Accordingly, whether the boxes for the repacked imported auto
parts are sealed or unsealed, they must be marked to indicate
that their contents are articles of foreign origin.
In this instance we regard as sufficient marking a statement
on the retail box stating, "Contents Imported/See Article for
Country of Origin.", or words to similar effect. Such words
would be sufficient to advise the ultimate purchaser of the
foreign origin of the auto part. See HQ 732099 (November 3,
1989)("see bulb for country of origin" is acceptable on resale
carton of marked bulb); HQ 732374 (July 9, 1989)("refer to neck
label" acceptable on polybag containing shirt).
A second reason for requiring marking of the box is that a
reference to the U.S. appears on the box in the form of
Balcamp's U.S. address. This triggers the requirements of 19 CFR
134.46. As provided by that section, in any case in which a
reference to the U.S. or any geographic location other than the
country of origin appears on an imported article or its
container, the name of the actual country of origin must appear,
in close proximity and in lettering of comparable size, preceded
by "Made in", "Product of", or other similar words. In the
instant context we regard the words previously described, i.e.,
"Contents Imported/See Article for Country of Origin" as similar
in meaning for country of origin marking purposes. Such words,
if rendered in close proximity to the U.S. address, generally on
the same side of the box and in lettering of comparable size,
would satisfy the requirements of 19 CFR 134.46.
HOLDING:
Replacement auto parts imported for repacking are subject to
the certification and notice requirements of 19 CFR 134.26.
Marking of the retail boxes is required, notwithstanding that the
parts themselves are marked, pursuant to 19 CFR 134.24(c) and 19
CFR 134.46. Marking stating, "Contents Imported, See Article for
Country of Origin" satisfies the requirements of 19 U.S.C. 1304
and Part 134, Customs Regulations.
Sincerely,
John Durant
Director Commercial
Rulings Division