Country of Origin Marking; Previously Played Games; Sega Genesis; Game Gear

HQ 559864 May 30, 1996 MAR-02 RR:TC:SM 559864 MLR CATEGORY: Marking Ms. Seema Pissaris Games Trader Inc. 90 Curtwright Drive, Unit #3 Amherst, NY 14221 RE: Country of Origin Marking; Previously Played Games; Sega Genesis; Game Gear Dear Ms. Pissaris: This is in reference to your letter of May 23, 1996, requesting a ruling concerning the country of origin marking on previously played Sega Genesis and Game Gear games. Samples were submitted with your request. FACTS: Games Trader plans to import previously played Sega Genesis and Game Gear games in shrink-wrapped cardboard boxes measuring approximately 7 1/4 x 5 « x 3/8 inches. In the front, the cardboard is cut slightly smaller than the size of the game cartridge and folded down inside the packaging to the game cartridge's size in order to show the game and to prevent it from sliding inside the packaging. In order to show the marking indented on the cartridges, rectangles are cut from the back of the packaging. The sample Sega Genesis cartridge, measuring 4 1/4 x 2 3/4 inches, contains a 1 1/4 x 3/4 inch rectangle, and shows the marking "Made in Japan." The sample Sega Genesis cartridge, measuring 3 3/ 4 x 3 « inches, contains a 1 « x 1/4 inch rectangle, and shows the marking "Assembled in the USA." The sample Game Gear cartridge, measuring 2 3/4 x 2 3/4 inches, contains a 1 1/4 x 1 1/4 inch rectangle, and shows the marking "Made in Japan." ISSUE: Whether the game cartridges packaged in the cardboard boxes described above satisfy the country of origin marking requirements of 19 U.S.C. 1304. LAW AND ANALYSIS: 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 imported in 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. 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. Inc., 27 CCPA 297, 302, C.A.D. 104 (1940). Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. The marking must survive normal distribution and store handling, and the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. 19 CFR 134.41(b). In Headquarters Ruling Letter (HRL) 733839 dated January 31, 1991, Customs found that a small, molded, and non-contrasting "Made in China" marking on a sound box could still be read easily and without strain, considering the nature and small size of the article. Additionally, the placement of a cardboard sleeve over the light-activated switch of the sound box was also found to be acceptable provided the marking would not be obscured. In this case, based upon the samples submitted, we are satisfied that the marking on the games cartridges appearing through the cut portions of the cardboard packaging is conspicuous and legible and satisfies the requirements of 19 U.S.C. 1304. The design of the packaging also appears to allow the marking to be found after the packaging is subjected to normal distribution. However, please be aware that the use of the marking "Assembled in the USA" is within the jurisdiction of the Federal Trade Commission. HOLDING: On the basis of the information and samples submitted, the marking on the games cartridges appearing through the cut portions of the cardboard packaging is conspicuous and legible and satisfies the requirements of 19 U.S.C. 1304. A copy of this ruling letter should be attached to the entry documents filed at the time the goods are entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, John Durant, Director Tariff Classification Appeals Division