MAR-2-05 CO:R:C:V 735177 RSD
District Director of Customs
Second and Chestnut Streets
Philadelphia, Pennsylvania 19106
RE: Country of origin marking on the clear plastic containers
for watch bands or watch straps or watch bracelets; disposable
containers; 19 CFR 134.24(d)
Dear Sir:
This is in response to your memorandum dated May 7, 1993,
requesting internal advice on the required country of origin
marking on retail containers for watch straps or bands. We have
received several samples of the watch bands packaged in their
retail containers.
FACTS:
The sample watch bands are packaged in clear plastic
containers. The plastic containers have adhesive labels on them.
These labels indicate information regarding the watch band such
as the brand name, price, style number, size, and the material
that band is made from. Some of the labels indicate the country
of origin of the watch bands, but others do not. Each container
also has a bar code label and in some cases this label contains
the country of origin of the watch strap. The watch bands are
marked with country of origin, but the way the bands are
packaged, the markings cannot be seen through their plastic
containers. You indicate that some watch straps and bracelets
are imported in bulk and packaged later into the retail
containers, but some are imported in their retail containers.
ISSUE:
If a watch band is marked with its country of origin must
its transparent plastic retail container also be marked to
indicate the country of origin of the watch band?
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.
The marking requirements for unsealed disposable containers
of imported merchandise are set forth in section 134.24(d),
Customs Regulations (19 CFR 134.24(d)). This section provides
that "if the container is normally opened by the ultimate
purchaser prior to purchase, only the article need be marked."
Marking of the containers is also unnecessary if "the article is
so marked that the country of origin is clearly visible without
unpacking the container." In HQ 732271, April 27, 1990, Customs
ruled that unsealed cartons containing properly marked crystal
glassware do not have to be marked with the country of origin
because pieces of crystal glassware are kind of articles that an
ultimate purchaser would remove from the carton to examine prior
to purchase. We noted that a number of factors must be
considered in determining if the article involved is something
that the ultimate purchaser would take out of its carton to look
at prior to purchase. Some of these factors are:
1. Whether a prospective purchaser will want to
remove the article from its container to
inspect it to find out exactly what he or she
may be buying; and
2. Whether the article is the type which a prospective
purchaser would be likely to remove from its container
in order to examine it prior to purchase to see if it
was broken or chipped.
We also noted that crystal glassware is the type of article
likely to be on display in the store and that in the unlikely
event the ultimate purchaser does not open the carton prior to
purchase, he or she would see the country of origin marking on
the display item.
Upon review of the sample watch bands in their containers,
we are of the opinion that these containers will not be normally
opened by ultimate purchasers prior to purchase. The watch bands
can be seen through the clear plastic container, so the ultimate
purchaser can tell the style and color of the band and check for
defects in the band without having to open the container.
Moreover, the size and other information is printed on a label on
the container. Because consumers will be able to know exactly
what they are buying, it is our belief that they will most likely
buy the watch bands without actually physically examining them
prior to purchase. While some consumers may open the containers
to examine watch bands especially in stores with jewelry
counters, we have no evidence to indicate that this is the normal
practice. You point out that the watch bands are often sold in
stores, such as drug store chains, where assistance in opening
the containers would be unlikely and opening of the containers
may even be discouraged.
In this case because the containers are made of clear
plastic, if the watch bands are packaged in such a way that the
country of origin marking on the bands is clearly visible through
the plastic then a separate marking on the container would be
unnecessary. However, if the country of origin marking on the
watch band is not clearly visible, then the container would have
to have a separate marking to indicate the country of origin of
the watch band. It appears likely that the country of origin on
most watch bands will not be clearly visible through the plastic
container. The marking on the container can be accomplished by
an adhesive sticker securely affixed or some other permanent
method. If the watch bands are imported in bulk and repacked
later, then the certification procedures outlined in 19 CFR
134.26 must be followed.
HOLDING:
The sample plastic containers for the watch bands are not
normally opened by the ultimate purchaser prior to purchase.
Therefore, the containers will be required to be marked to
indicate the country of origin of the watch bands, if the country
of origin marking on the watch band is not clearly visible
through the container.
Sincerely,
John Durant, Director
Commercial Rulings Division