Marking of keyring; container; exception; polybag

HQ 561475 January 21, 2000 MAR2-05 RR:CR:SM 561475 MFC CATEGORY: Marking Michael Antunes Norman Krieger, Inc. 5761 W. Imperial Highway Los Angeles, CA 90045 RE: Marking of keyring; container; exception; polybag Dear Mr. Antunes: This is in response to your letter dated August 11, 1999, requesting a country of origin marking ruling for a keyring. A sample keyring packaged in a polybag was submitted. FACTS: The keyring is made in China and imported into the U.S. by your client, Marketing Innovations of California. The sample key ring consists of an oval metal piece which is silver on one side and red with the words “OLD NAVY” in silver letters on the other side. The oval metal piece is attached to a chain which is connected to a circular slip ring to which keys may be attached. No part of the key ring is marked with the country of origin. Attached to the keyring by a plastic loop is a paper tag with the price, a uniform product code, and other retail information printed on it. Both the keyring and the paper tag are enclosed in a clear polybag across which is printed “MADE IN CHINA,” in black ink. The sample polybag is slightly longer than the oval metal piece and almost twice as wide, causing the component parts of the keyring and the paper tag to overlap. You state that the keyring (with paper tag attached) will be sold inside the marked polybag. You ask whether the country of origin marking on the polybag is sufficient. ISSUE: Whether the marking as specified above satisfies the requirements for country of origin marking. LAW AND ANALYSIS: Section 304 of the Tariff Act of 1930 (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 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. The primary purpose of the country of origin marking statute 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, 302 (C.C.P.A. 1940). Part 134, Customs Regulations (19 CFR §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)), states that “[t]he ultimate purchaser in the United States must be able to find the marking easily and read it without strain.” Section 134.2(d) defines ultimate purchaser as: (d) Ultimate purchaser. The “ultimate purchaser” is generally the last person in the United States who will receive the article in the form in which it was imported…. The following examples may be helpful: (3) If an article is to be sold at retail in its imported form, the purchaser at retail is the “ultimate purchaser.” Foreign articles may be excepted from being individually marked where the marking on the container will reasonably indicate the origin of the article. 19 CFR §134.32(d). The container exception applies where “the outermost container or holder in which the article ordinarily reaches the ultimate purchaser [is] marked to indicate the country of origin of the article….” 19 CFR §134.22(a). Therefore, the applicability of this exception depends upon whether the keyring will reach the ultimate purchaser enclosed in the marked polybag. Based on the sample provided, we believe it is likely that the keyring will be removed from the polybag before it reaches the ultimate purchaser. As noted above, the keyring and the price tag overlap inside the polybag. On the sample submitted, it is very difficult to view the front of the oval metal piece on which “OLD NAVY” is printed; thus a consumer looking at the sample would only see the plain silver side unless he or she manipulated the polybag, and even then, the view is obstructed to some degree by the price tag, the chain and the slip ring. We believe it is likely that the keyrings will be presented for sale outside of the polybag. In fact, we have observed identical keyrings, differing only in the background color, presented for sale. The keyrings were not in polybags. Therefore, we think it is likely that a retailer will remove the keyring from the bag so that a consumer, the ultimate purchaser of the keyring, may view the entire keyring and paper tag with ease. If, in fact, the article will not remain in the polybag until it reaches the ultimate consumer, the article itself (or the attached paper tag) must be marked with the article’s origin. Because we think the keyring is likely to be separated from the polybag, we find that the container exception does not apply and that the keyring itself or the attached paper tag must be marked with the country of origin. HOLDING: Based upon the information and sample submitted, we find that the container marking exception does not apply as it appears unlikely that the keyring will remain in the properly marked polybag until it reaches the ultimate purchaser. Therefore, the keyring or the paper tag attached to the keyring, must be marked with the article’s country of origin. A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is 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 Commercial Rulings Division