Country of origin marking requirements for baby booties

HQ 730910 September 6, 1988 MAR-2-05 CO:R:C:V 730910 LW CATEGORY: Marking Mr. James W. Lawless C. H. Powell Company One Intercontinental Way Peabody, Massachusetts 01960 RE: Country of origin marking requirements for baby booties Dear Mr. Lawless: This is in response to your letter of November 24, 1987, on behalf of Kiddie Products Inc. (the importer), requesting a ruling on country of origin marking requirements for imported baby booties and similarly marked items from Taiwan, Hong Kong, South Korea, and Malaysia. You state that the importer has received marking notices from Customs in Boston and would like clarification of the marking requirements. FACTS: Each pair of booties is sold in a disposable package which will reach the consumer unopened. The front of the package is clear so that the booties are visible. The back of the package has a description of the booties, the fiber content, and cleaning instructions. Towards the bottom of the back of the package under the heading "Tested and Guaranteed," the second paragraph reads "This product meets all of The First Years quality standards and has been made to our specifications in Korea. Under this paragraph appears the U.S. address "Avon, MA 02322." ISSUE: Whether indicating the country of origin in this manner complies with country of origin marking requirements? LAW AND ANALYSIS: Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that, unless excepted, every article of foreign origin (or its container) imported into the United States 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 the English name of the country of origin of the article. Marking the country of origin on the package rather than the booties themselves complies with section 134.24(d)(2), Customs Regulations (19 CFR 134.24(d)(2)), which provides that7 disposable containers or holders of imported merchandise, which are sold without normally being opened by the ultimate purchaser, shall be marked to indicate the country of origin of their contents. While it is acceptable to mark the package rather than its contents, the marking regulations also reflect a concern that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. See section 134.41(b), Customs Regulations (19 CFR 134.41(b)). In addition, in a case such as the one at hand, when the name of any city or locality in the U.S., 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. See section 134.46, Customs Regulations (19 CFR 134.46). The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser. HOLDING: While the country of origin on the sample submitted is marked in close proximity to the U.S. address in letters of comparable size and in this respect complies with 19 CFR 134.46, it is our opinion that because the country of origin is mentioned at the end of a sentence concerning quality standards, the country of origin is not readily visible to the ultimate purchaser. It is feasible to indicate that the booties meet the importer's quality standards without placing the country of origin information within the same sentence. In addition, the words "made to our specifications in Korea" do not clearly and directly indicate to the consumer the country of origin as do the words, suggested in 19 CFR 134.46, "Made in," or "Product of." To comply with the country of origin marking regulations the country of origin should be set apart from the product's qualifications in close proximity to the U.S. address preceded by a phrase such as "Made in," "Product of," or other words of similar meaning. For example, printing "Made in Korea" below the U.S. address in letters of comparable size, would comply with country of origin marking requirements. Sincerely, Marvin M. Amernick Chief, Value, Special Programs & Admissibility Branch