United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1997 NY Rulings > NY A85002 - NY A85207 > NY A85108

Previous Ruling Next Ruling
NY A85108

July 24, 1996

MAR-2-95:RR:NC:FC:225 A85108


Cecilia A. Cormier
Import Classification Manager
Hasbro, Inc.
1027 Newport Avenue
Pawtucket, R.I. 02862-1059


Dear Ms. Cormier:

This is in response to your letter dated June 12, 1996, received in this office on June 24, 1996, requesting a ruling on the acceptable country of origin marking on the export cartons for the various imported products of Hasbro. A marked sample was submitted with your letter for review.

The issue is the marking of the shipping or the export cartons of the various products Hasbro imports into the United States. The marking regulations, which are reviewed below, are to ensure that the ultimate purchaser or consumer is aware of the country of origin of merchandise prior to making a purchase. It is the retail cartons, the cartons on display in the stores for the review of consumers, to which the marking regulations apply. The export or shipping cartons are subject to the marking regulations (19 CFR 134) only when those cartons will still be the cartons for the item when viewed by the ultimate consumer of the item.

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 in the U.S. 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. Section 134.41(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. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser.

The example of marking of imported products provided by you, which would be seen by the ultimate purchaser or consumer, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported products. Therefore, the shipping or export cartons in which the imported products are shipped to the United States do not have to be marked with a country of origin. You pointed out in your letter that your Export or Shipping cartons have the name Hasbro and the United States address of Hasbro on them. You questioned whether the presence of the United States address triggered Section 134.46.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity 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.

Again, it must be stated that 19 CFR 134 concerns the marking of the imported article or its retail container in its condition when it reaches the ultimate purchaser or consumer. The presence of a United States address on the export or shipping cartons, provided the cartons do not represent retail cartons, does not trigger the requirements of Section 134.46.

Based upon the facts presented, that the outer cartons do not reach the ultimate consumer and provided that the individual products or their retail packages are marked in accordance with Section 304, the Hasbro address may be on the export or shipping cartons without any foreign country of origin being present.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Roger J. Silvestri
Director, National Commodity

Previous Ruling Next Ruling