Country of Origin Marking of Pens; Gift Boxes.

HQ 735271 February 25, 1994 MAR-2-05 CO:R:C:V 735271 RC CATEGORY: MARKING Mr. David K. Ryan Yusen Air & Sea Service (USA) Inc. Building 200 Trade Port Drive Atlanta, Georgia 30364 RE: Country of Origin Marking of Pens; Gift Boxes. Dear Mr. Ryan: This is in response to your letter of July 7, 1993, requesting a ruling on the country of origin marking requirements for pens in gift boxes to be imported into the U.S. You submitted a sample pen, boxed and packaged for retail sale. We regret the delay in responding. FACTS: Your client, American Tombow Inc., intends to import pens manufactured in Japan. Each pen is sold in a metal box which is encased by a paper board sheath. There is an adhesive label imprinted with a product bar code on one corner of the sheath. The label also indicates "MADE IN JAPAN". ISSUE: What are the country of origin marking requirements for the pens and boxes under 19 CFR Part 134? LAW AND ANALYSIS: The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides 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 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 under section 134.32(d), Customs Regulations (19 CFR 134.32(d)), an article is excepted from marking if the marking of the article's container will reasonably indicate the origin of such article. Customs must be satisfied that in all foreseeable circumstances the article will reach the ultimate purchaser in a properly marked container. The "ultimate purchaser" is generally defined, in section 134.1(d), Customs Regulations (19 CFR 134.1(d)), as the last person in the United States who will receive the article in the form in which it was imported. Section 134.1(d)(4) states that if the imported article is distributed as a gift the recipient is the "ultimate purchaser." With respect to marking of pens, Customs has ruled that lettering as small as 4.5 points was legible. See HQ 734231 (November 4, 1991). (A point is a unit of type measurement equal to 0.01384 inch or nearly 1/72 inch, and all type sizes are multiples of this unit.) Note that legibility is not determined solely by size of lettering. See HQ 733889 (September 13, 1991)(marking on pens was not conspicuous or legible). In general, Customs has ruled that a country of origin marking must not be in lettering of less than 5 points. See HQ 735260 (November 10, 1993); HQ 735371 (October 19, 1993). The marking requirements depend on the ultimate purchaser and method of distribution. Here, the individual pens must be marked "JAPAN" because there is a possibility that some of the pens will be displayed for sale outside of the boxes. The country of origin may be indicated on the exterior of the box alone only if the boxes containing the pens are sealed. It is not necessary to indicate the country of origin of the paper sheath or the metal box. HOLDING: To satisfy 19 CFR Part 134, the pens must indicate "Japan" as the country of origin. The marking should be in lettering of at least 5 points. It is not necessary to indicate the country of origin of the box or the sheath. Sincerely, John Durant, Director