Feb. 27 CBP Bulletin Proposes Marking Ruling Revocation for Toy Blocks
In the Feb. 27 issue of the CBP Bulletin (Vol. 47, No. 10), CBP published a notice on its revocation of a ruling on the country of origin marking of toy blocks.
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Comments Due March 29
CBP said consideration will be given to any written comments received by March 29 before taking this action. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations subsequent to the effective date of the final decision in this notice.)
Proposed Revocation
Children's Toy Blocks
| Item: Mega Brands Children's toy blocks. The toy blocks are packaged in two different cardboard box containers, which are sold at retail in their imported form. On the back of one of the boxes is the following: “©2009, MEGA Brands Inc.® & ™ MEGA Brands Inc. EN This toy conforms to: ASTM F963--08 U.S., Canadian Hazardous Products Act CEN Standards E.N. 71. Products and colors may vary”; “Keep this information.”; and “Most models can be built one at a time.” In addition, the phrase “Keep this information” (in English and several other languages) is enclosed in a rectangular box with thin black borders and has the letters “CE” in a large stylized font next to the words “MEGA Brands Europe NV” with the Belgium address of Mega Brands underneath it. |
| Proposed Ruling: HQ H147197 (revokes NY N132564 (2010)) |
| Old Origin Marking: The phrase “Components Made in Canada and China” should appear, near and in similar size to the Belgium address and the reference to Europe in order to satisfy the marking requirements. |
| New Origin Marking: No additional country of origin marking required. |
| Reason: CBP previously ruled that the packaging in which imported children’s toy blocks are sold to the ultimate purchasers is required to be marked with the country of origin on the back of the box near the address listed for the importer’s European headquarters because a U.S. consumer would not conclude the stated purpose and function of the foreign references based on this wording, thus triggering special marking requirements in 19 CFR 134.46. CBP now finds that the merchandise does not need to be marked with the country of origin on the back of the box because the information provided on the box doesn't give any hint to the country of origin for the toy blocks inside the box. |