Country of Origin Marking of Imported Childrens' Books

NY 818633 February 9, 1996 MAR-2-49:RR:NC:GI:234 818633 CATEGORY: MARKING Mr. Thomas E. Johnson Baker & McKenzie Attorneys at Law 130 East Randolph Drive Chicago, Illinois 60601 RE: Country of Origin Marking of Imported Childrens' Books Dear Mr. Johnson: This is in response to your letter to National Import Specialist Carl Abramowitz of this office, dated January 22, 1996, on behalf of your client R.R. Donnelley & Sons Company, requesting a ruling on whether marking the container in which childrens' books are imported with the country of origin in lieu of marking the books themselves is an acceptable country of origin marking for the imported books. A marked sample container was not submitted with your letter for review. Donnelley has received an order from a Japanese customer for some childrens' books which will be called "Anne's World", based on the Anne of Green Gables series. These books are designed to teach English to Japanese children. There are 12 sets consisting of hardcover volumes 1-12 in English, and an accompanying softcover workbook for each volume in Japanese. The English language volume and the Japanese workbook will always be printed in Mexico and imported into the United States together as a set. The books will be printed in Reynosa, Mexico, and will be imported at the Hidalgo, Texas, port of entry to be sent to Donnelley's Crawfordsville, Indiana, plant. At the Crawfordsville plant a CD ROM and the books will be placed in a plastic slip cover and in that form they will be exported to Japan. In this transaction Customs considers R.R. Donnelley to be the ultimate purchaser in the United States, within the meaning of the marking statute, of the imported childrens' books. An article is excepted from marking under 19 U.S.C. 1304(a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the childrens' books by viewing the container in which it is packaged, the individual childrens' books would be excepted from marking under this provision. 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 or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact NIS Abramowitz, at (212) 466-5733. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division