Country of origin marking requirements for imported tree shelters

HQ 732101 April 5, 1990 MAR 2-05 CO:R:C:V 732101 pmh CATEGORY: Marking Mr. Joel Lais Forestry Equipment & Technology, Inc. 75 Bidwell Street, Suite 105 St. Paul, MN 55107 RE: Country of origin marking requirements for imported tree shelters Dear Mr. Lais: This is in response to your February 2, 1989 letter, requesting a ruling on the country of origin marking requirements for imported tree shelters. We regret the delay in responding to your request. FACTS: According to your letter and a March 23, 1990 telephone call with a member of my staff, Split Rock Forestry, Inc. (the importer) plans to import an agricultural product called the Tubex Treeshelter from England. This product is imported in sets of four, packed one inside the other in order of descending size. You indicate that the product is sold at retail only in sets of four. The importer would like to mark only the outermost cylinder with the country of origin. You have indicated that the label affixed to the outermost cylinder will bear the name of the product, the name and domestic address of the importer and the words "Made in the UK," all in lettering approximately 1/4" in size. ISSUE: Whether the proposed country of origin marking is in compliance with 19 U.S.C. 1304. 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 -2- permanently as the nature of the article will permit in such a manner as to indicate to the ultimate purchaser 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. As provided in section 134.41, Customs Regulations (19 CFR 134.41), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. In addition, section 134.46, Customs Regulations (19 CFR 134.46), requires that when the name of a country or locality other than the country of origin appears on an imported article, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning shall appear legibly and permanently, and in close proximity to such words and in at least a comparable size. In this case, the outermost cylinder is marked with the country of origin by means of an adhesive label. The label bears the name of the country of origin just beneath the name and domestic address of the importer. The name of the country of origin is preceded by the words "Made in" and all the lettering on the label is approximately 1/4" in size. The label is conspicuously placed near the top of the container. We find the country of origin marking on the outermost cylinder to be conspicuous and in compliance with 19 CFR 134.46. It is an acceptable country of origin marking for the outermost cylinder. The question becomes, however, whether the label on the outermost cylinder is a sufficient country of origin marking for the three smaller cylinder that are imported and sold inside the marked cylinder. Pursuant to 19 U.S.C. 1304(a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), an exception from individual marking is applicable where the marking of the container of such article will reasonably indicate the origin of the article. This exception is normally applied in cases where the imported article(s) is imported in a properly marked container and Customs officials at the port of entry are satisfied that the ultimate purchaser, i.e., the last person in the U.S. to receive the article in the form in which it was imported, will receive it in its original marked container. -3- The outermost cylinder, in this case, serves as a container for the smaller three cylinders. The ultimate purchaser of the set of cylinders is the consumer who purchases the product at retail. So long as Customs officials at the port of entry are satisfied that the smaller three cylinders will remain inside the properly marked outermost cylinder and that the U.S. consumer will receive them in this fashion, we are of the opinion that the proposed marking satisfies the statutory requirements. HOLDING: An agricultural product that consists of a set of four cylinders of varying size that are imported and sold as a set may be marked by means of an adhesive label (as described above) affixed to the outermost cylinder, pursuant to 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d). Sincerely, Marvin M. Amernick Chief, Value, Special Programs and Admissibility Branch