Country of origin marking of imported yarn

HQ 732633 October 11, 1989 MAR-2-05 CO:R:C:V 732633 KG CATEGORY: Marking A. J. Guillot Controller's office Firestone Tire and Rubber Company 1200 Firestone Parkway Akron, Ohio 44317 RE: Country of origin marking of imported yarn Dear Mr. Guillot: This is in response to your letter of August 4, 1989, requesting a country of origin ruling regarding imported yarn. FACTS: Different styles of yarn will be imported from Canada. The yarn is wound on a large tube, bagged and placed in cardboard boxes for shipment to the U.S. The boxes are prominently marked with the country of origin. Further, the carton labels are marked "Manufactured in Canada" in black lettering almost 1/4 inch high and near the center of the label. ISSUE: Whether the yarn tubes are excepted from individual country of origin marking. LAW AND ANALYSIS: Section 304 of the Tariff Act of 1930, as amended (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 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 U.S. Court of International Trade stated in Koru North America v. United States, 701 F.Supp. 229, 12 CIT ___(CIT 1988), that: "In ascertaining what constitutes the country of origin under the marking statute, a court must look at the sense in which the term is used in the statute, giving reference to the purpose of the particular legislation involved. The purpose of the marking statute is outlined in United States v. Friedlaender & Co., 27 CCPA 297, 302, C.A.D. 104 (1940), where the court stated that: 'Congress intended 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." Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.33, Customs Regulations (19 CFR 134.33), lists particular articles excepted from individual country of origin marking in accordance with 19 U.S.C. 1304(a)(3)(J). The outermost container in which the article ordinarily reaches the ultimate purchaser must however, be marked with the country of origin. Pursuant to 19 U.S.C. 1304(a)(3)(J) the Secretary of the Treasury is authorized to exempt by regulation any article from individual country of origin marking if the article is of a kind or class that were imported in substantial quantities during the five year period immediately preceding January 1, 1937, and were not required during such period to be marked to indicate their origin. One category of the articles of a class or kind included in the list, which is set forth at 19 CFR 134.33 ("J-list) is rope, including wire rope; cordage; cords; twines; threads; and yarns. Because yarn is included on the J-list, it is excepted from individual country of origin marking. Firestone is the ultimate purchaser of the imported yarn since it uses the yarn in the manufacture of tires. The shipping boxes in which the tubes of yarn are packaged is the outermost container of the yarn in which it ordinarily reaches the ultimate purchaser. Because the shipping boxes are conspicuously and legibly marked with the country of origin of the yarn, the provisions of 19 CFR 134.33 are satisfied. HOLDING: Yarn is included on the J-list and is therefore excepted from individual country of origin marking pursuant to 19 U.S.C. 1304(a)(3)(J) and 19 CFR 134.33. The boxes in which the tubes of yarn are shipped and in which the yarn ordinarily reaches the ultimate purchaser are properly marked with the country of origin as required by 19 CFR 134.33. Sincerely, Marvin M. Amernick Chief, Value, Special Programs and Admissibility Branch