MAR-2 RR:NC:MM:109 B80443
Mr. William F. Sullivan
MSAS Customs Logistics, Inc.
248-06 Rockaway Blvd.
Jamaica, NY 11422
RE: COUNTRY OF ORIGIN MARKING OF IMPORTED PORTABLE TEST
TELEPHONES FROM CHINA
Dear Mr. Sullivan:
This is in response to your letter dated December 16, 1996,
on behalf of Harris Corp., Dracon Division of 809 Calle Plano,
Camarillo, CA 93012. You have requested a ruling on whether the
proposed method of marking the container in which the portable
test telephone is imported with the country of origin in lieu of
marking the article itself is an acceptable country of origin
marking for the imported portable test telephone. A marked
sample container and telephone was submitted with your letter for
review.
The container is a standard cardboard box of a suitable size
to hold the portable test telephone. The phone itself is not
marked. The phone is of the type that is used by telephone
company line repair men. All functions are incorporated into a
specially designed handset. It has a hook for attaching to the
repair man's belt, a dial pad, pulse/tone switch, monitor and
talk switch, and two electrical cords with connectors. The box
is printed to clearly identify the product and the importer. On
the side of the box is a label printed with the name and U.S.
location of the importer. Under the U.S. location is the marking
"MADE IN CHINA." The country of origin marking is only about
half the size of the lettering used in identifying the U.S.
location of the importer. In your FAXES of January 13, and
January 14, 1997, you provided the following clarifications on
the proposed marking. The proposed marking will be permanently
printed on the side of the box. The telephones are sold in the
imported cartons. The cartons, which have a tab closure, will be
securely sealed with tape. The telephones are sold directly to
the trade (various telephone companies). They are never sold or
offered for sale to over-the-counter retail consumers.
The sample of the proposed marking of the container as
described above leads to a second marking issue concerning the
marking of the U.S. locality of the importer. These issues will
be considered separately.
The marking statute, section 304, Tariff Act of 1930, as
amended (19 U.S.C. 1304), provides that, unless excepted, every
article of foreign origin (or its container) imported into the
U.S. shall be marked in a conspicuous place as legibly, indelibly
and permanently as the nature of the article (or its 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. 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.
Section 134.1(d), defines the ultimate purchaser as generally the
last person in the U.S. who will receive the article in the form
in which it was imported. In this case, the ultimate purchaser
of the portable test telephone is the various telephone
companies.
With regard to the first marking issue, an article is
excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section
134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking
of a container of such article will reasonably indicate the
origin of such article. Accordingly, if Customs is satisfied
that the article will remain in its container until it reaches
the ultimate purchaser and if the ultimate purchaser can tell the
country of origin of the portable test telephone by viewing the
container in which it is packaged, the individual portable test
telephone would be excepted from marking under this provision.
Portable test telephone which are imported in containers
that are marked in the manner described above, are excepted from
marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d).
Accordingly, marking the container in which the portable test
telephone are imported and sold to the ultimate purchaser in lieu
of marking the article itself is an acceptable country of origin
marking for the imported portable test telephone provided the
port director is satisfied that the article will remain in the
marked container until it reaches the ultimate purchaser.
With regard to the second marking issue, section 134.46,
Customs Regulations (19 CFR 134.46), requires that in any case in
which the words "United States," or "American," the letters
"U.S.A.," any variation of such words or letters, or the name of
any city or locality in the United States, or the name of any
foreign country or locality other than the country or locality in
which the article was manufactured or produced, appears on an
imported article or its container, there shall appear, legibly
and permanently, in close proximity to such words, letters, or
name, and in at least a comparable size, the name of the country
of origin preceded by "Made in," Product of," or other words of
similar meaning.
In order to satisfy the close proximity requirement, the
country of origin marking must generally appear on the same
side(s) or surface(s) in which the name or locality other than
the actual country of origin appears.
The proposed marking of the imported portable test
telephone, as described above, in this instance, does not
satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR
Part 134 and is not an acceptable country of origin marking for
the imported portable test telephone because the marking of the
country of origin is not a comparable size to the U.S. locality
marking.
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 CFR Part 177).
A copy of the ruling or the control number indicated above
should be provided with the entry documents filed at the time
this merchandise is imported. If you have any questions
regarding the ruling, contact National Import Specialist Eileen
S. Kaplan at 212-466-5673.
Sincerely,
Robert B. Swierupski
Chief, Metals & Machinery Branch
National Commodity
Specialist Division