Country of origin marking requirements of disposable packages containing infant socks

HQ 732572 June 7, 1990 MAR-2-05 CO:R:C:V 732572 EAB CATEGORY: Marking John M. Peterson, Esquire Neville, Peterson & Williams 39 Broadway New York, NY 10006 Re: Country of origin marking requirements of disposable packages containing infant socks Dear Mr. Peterson: This is in reply to your letter dated July 19, 1989, requesting a ruling on the marking requirements of disposable packages containing infant socks made in Korea for your client, Gold, Inc. We regret the delay in responding. FACTS: Your client imports infant socks made and packaged in Korea for sale in the U.S. Two pairs of socks are packaged in a disposable, sealed, clear plastic bag containing a foldover cardboard advertising card. It is clear that the socks are designed to be sold to the ultimate purchaser in the sealed, plastic bag. On the back of the card are printed fabric content information, a bar code, a marketing photograph and the following country of origin marking: Made in Korea for: (Logo) (U.S. ADDRESS OF YOUR CLIENT) The marking and address are printed in dark blue on a pale green field. The origin marking is in bold upper and lower case letters; the U.S. address is printed in upper case letters of the same size as the upper case lettering in the origin marking. ISSUE: Whether indicating the country of origin in the manner indicated is in compliance with 19 CFR 134.46. 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 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. Marking the country of origin on the package rather than the article itself complies with 19 CFR 134.24(d)(2), which provides that disposable containers or holders of imported merchandise, which are sold without normally being opened by the ultimate pur- chaser, shall be marked to indicate the country of origin of the contents. While it is acceptable to mark the package in lieu of 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. 19 CFR 134.41(b). When the name of any city or locality in the U.S., other than the country or locality in which the article was manufac- tured or produced, appears on an imported article or its contain- er, there shall appear, legibly and permanently, in close proxi- mity 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. 19 CFR 134.46. In this case, we find that the country of origin marking phrase "Made in Korea for:" is in close proximity to the U.S. address and in a comparable size, is legible and permanent, and is easily found and read without strain, cf HQ 730190, September 6, 1988, where the marking at the end of the importer's quality standards declaration was not readily visible. HOLDING: The country of origin marking of disposable packages containing infant socks, as set forth herein, is acceptable and complies with 19 CFR {{134.24(d)(2), 134.41(b) and 134.46. Sincerely, Marvin M. Amernick, Chief Value, Special Programs and Admissibility Branch