Country of origin marking requirements for curtain panels wrapped in clear plastic cellophane bags; 19 CFR 134.32 (d)

HQ 733694 April 15, 1991 MAR-2-05 CO:R:V:C 733694 AT CATEGORY: Marking Vito A. Pipitone John F. Kilroy Co., Inc. One World Trade Center New York, New York 10048 RE: Country of origin marking requirements for curtain panels wrapped in clear plastic cellophane bags; 19 CFR 134.32 (d) Dear Mr. Pipitone: This is in response to your letter dated July 31, 1990, in which you seek a ruling on the country of origin marking requirements for imported curtain panels. FACTS: Your client, Editex Home Curtain Corp., intends to import curtain panels made in Turkey. A sample of the curtain panel and its container (a plastic cellophane bag with paper insert) has also been submitted along with your letter. You indicate that the curtain panel, as imported, is individually packed in clear plastic cellophane bags and sealed with a cellophane adhesive tape. Also inside the cellophane bag is the curtain panel plus on top of the curtain is a paper insert, measuring approximately 8" x 11" which illustrates the curtain panel, and gives the style name, care instructions, color and size. In addition to such information, the paper insert indicates on the right corner: 1. Made in Turkey 2. Composition 100% polyester 3. Made Exclusively For: Editex Home Curtain Inc. Importers of Fine Panels & Tablecloth You indicated in a telephone conversation with a member of my staff on March 22, 1991, that Editex sells the curtain panels at retail directly to the ultimate purchaser and that it sells the panels only in the cellophane bags containing the paper insert. ISSUE: Do the curtain panels have to be individually marked with their country of origin if the paper insert in the cellophane bag is marked with the country of origin? 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. Congressional intent in enacting 19 U.S.C. 1304 was 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." United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940). Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.31(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if the ultimate purchaser can tell the country of origin of the curtain panel by viewing the container, the individual curtain panel would be excepted from marking under this provision. In view of the fact that all the information about the curtain panel is contained on the paper insert, it is clear the product is designed to be sold to the ultimate purchaser in the cellophane bags with the paper inserts. Moreover, you indicate that this is how the curtain panels are always sold to the retail purchaser. Accordingly, we find that the "Made in Turkey" marking on the paper inserts, which is visible through the packaging, will reasonably indicate the country of origin to the ultimate purchaser provided the conditions specified below are met. HOLDING: The individual curtain panels are excepted from country of origin marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d) if the district director at the port of entry is satisfied that the curtain panels are imported in the sealed clear plastic cellophane bags with the paper insert and that the curtain panels will reach the ultimate purchaser in these unopened marked bags. Sincerely, John Durant, Director Commercial Rulings Division