COUNTRY OF ORIGIN MARKING OF IMPORTED CERAMIC GIFTWARE

NY A83257 May 31, 1996 MAR-2 RR:NC:GI:227 A83257 CATEGORY: MARKING Mr. Leonard Rosenberg Sandler, Travis and Rosenberg 5200 Blue Lagoon Drive Miami, Florida 33126-2022 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED CERAMIC GIFTWARE Dear Mr. Rosenberg: This is in response to your letter dated April 19, 1996, on behalf of Princess House, Inc., requesting a ruling on whether the proposed method of marking the container in which the ceramic giftware is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported articles. Marked sample containers were submitted with your letter for review. You inducated that your client will import the merchandise in boxes and that each box will be marked with the country of origin of the merchandise. According to your letter, the articles will only be sold at home distribution parties. At these parties the merchandise will be sold to consumers in the boxes. Your ruling request raises the following question. Does the marking statue require that the ceramic articles be marked with the country of origin or is the marking of the boxes sufficient to satisfy the country of origin marking requirements? 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. An article is excepted from marking under 19 U.S.C. §1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 C.F.R. §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 merchandise by viewing the container in which it is packaged, the individual ceramic giftware would be excepted from marking under this provision. Ceramic giftware which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. §1304 (a)(3)(D) and 19 C.F.R. §134.32(d). Accordingly, marking the container in which the articles are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported ceramic giftware provided the district director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. Part 177). A copy of the ruling 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 the ruling, contact National Import Specialist George Kalkines at 212-466-5794. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division