Country of origin marking of computer disc drives made in Singapore; containers; abbreviations; 19 CFR 134.45; 19 CFR 134.24(d)

HQ 561306 April 15, 1999 MAR-02 RR:CR:SM 561306 RSD CATEGORY: MARKING Ms. Mary Kennette Customs & Traffic Manager Applied Innovations International Corp. 530 Rowntree Dairy Road Unit 4 Vanughan, Ontario L4L8H2 Canada RE: Country of origin marking of computer disc drives made in Singapore; containers; abbreviations; 19 CFR 134.45; 19 CFR 134.24(d) Dear Ms. Kennette: This is in response to your letter dated March 3, 1999, requesting a ruling regarding the country of origin marking requirements for computer hard disc drives made in Singapore. A photocopy of a label which is presently used on each box containing the imported disc drives was submitted. You submitted a second letter also dated March 3, 1999, regarding a marking notice which was issued by Customs at Port Huron on March 2, 1999, for a shipment of hard disc drives. FACTS: The merchandise at issue consists of computer hard disc drives made in Singapore. The disc drives are imported in boxes with a label attached thereto which states “DRIVE PRODUCT OF SINGPR”. It is stated that the abbreviation for Singapore is used on the label on the box “due to the character spacing available.” It is also claimed that the hard disc drive itself is marked with the full name “Singapore”, but no sample of a disc drive was furnished. A shipment of computer hard disc drives was entered into the U.S. at Port Huron, Michigan on March 1, 1999. Customs at the port issued a marking notice dated March 2, 1999, which indicated that “each item must be marked with the country of origin on both the product and exterior packaging.” We consulted with Customs officials at Port Huron, who explained that the marking notice was issued because they believe that the abbreviation “SINGPR” used on the boxes containing the computer hard disc drives was not an acceptable country of origin marking.  ISSUE: Whether the country of origin markings on the imported computer hard disc drives and/or the boxes in which they are imported satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. 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 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 good 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; C.A.D. 104 (1940). Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and the exceptions of 19 U.S.C. 1304. Section 134.1(b), Customs Regulations (19 CFR 134.1(b), defines “country of origin” as the country of manufacture, production or growth of any article of foreign origin entering the U.S. The first question that must be decided is whether the boxes must be marked with the country of origin of the hard disc drives, if the hard disc drives themselves are marked. Section 134.24(d)(2) Customs Regulations (19 CFR 134.24(d)(2)), provides that sealed containers or holders for imported articles which are normally unopened by the ultimate purchaser before purchase must be marked to indicate the country of origin of their contents. The marking requirements for unsealed containers of imported merchandise are set forth in 19 CFR 134.24(d)(3), Customs Regulations (19 CFR 134.24(d)(3). This section provides that “. . .if the container is normally opened by the ultimate purchaser prior to purchase, only the article need be marked." Marking of containers is also unnecessary if “the article is so marked that the country of origin is clearly visible without unpacking the container.” Although we do not have a sample, we assume that the boxes containing the hard disc drives are sealed and/or the country of origin marking on the disc drives is not clearly visible without removing them from the boxes. It also appears unlikely that ultimate purchasers would open the boxes to examine the hard disc drives prior to their purchase. Accordingly, we find that the boxes containing the hard disc drives must be properly marked to indicate the country of origin of the hard disc drives even though the hard disc drives themselves are marked with the full country name “Singapore”. In this instance, boxes containing the disc drives have a label attached which uses the abbreviation “SINGPR” for the country name Singapore. The second question, we must resolve is whether the marking “SINGPR” is an acceptable abbreviation for Singapore. Section 134.45 of the Customs Regulations (19 CFR 134.45), states that abbreviations which unmistakably indicate the name of a country ...are acceptable. The purpose of the marking statute as explained in American Burtonizing v. United States, 13 Ct. Cust. Appls. 652 (1926): [W]as to require a marking such as would be understood by purchasers of foreignmade goods as giving definite and reliable information as to the country of origin. It is not reasonable to suppose that Congress, by use of the word 'indicate' meant only that words used should hint at the country of origin. The object sought to be obtained by the legislature could best be obtained by an indication which was clear, plain, and unambiguous and which did more than merely hint at the country of origin. We do not think that Congress intended that American purchasers, consumers, or users of foreignmade goods should be required to speculate, investigate or interpret in order that they ascertain the county of origin. The instances in which Customs has permitted the use of abbreviations instead of the entire name of the country of origin have been limited. It is our view that most abbreviations do not “unmistakably” identify the country of origin and are therefore unacceptable. “The ultimate purchaser should be able to ascertain the country of origin at a glance without any guesswork...." Headquarters Ruling Letter (HRL) 731799, dated May 15, 1989 (rejecting the abbreviations "VZLA" or VENZLA"). The following are additional examples of abbreviations which Customs has previously rejected: (1)"Arg" or "Argtin" for Argentina and "Hun" or "Hung" for Hungary (HRL 733104, dated March 15, 1990); (2) "CAN" and "CDN" for Canada (HRL 731760, dated December 27, 1989); (3) "IN" for Indonesia (HRL 734443, dated June 3, 1992); (4) "H.K." for Hong Kong (HRL 735281, dated February 24, 1994). Consistent with these rulings, we find that the abbreviation SINGPR” does not unmistakably identify Singapore as the country of origin, and thus it is not an acceptable country of origin marking. Because the marking on the boxes, “SINGPR”, is an unacceptable abbreviation which does not unmistakably indicate the country of origin, the marking of the hard disc drives is not in compliance with the requirements of 19 U.S.C. 1304. HOLDING: As the boxes must be marked, the abbreviation "SINGPR" on the label on the boxes does not unmistakably identify the country of origin of the hard disc drives contained therein. Therefore, the country of origin marking on the boxes is not in compliance with statutory requirements 19 U.S.C. 1304 and 19 CFR 134. A copy of this ruling letter should be attached to the entry documents filed at the time the goods are 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. Sincerely, John Durant, Director Commercial Rulings Division