COUNTRY OF ORIGIN MARKING OF IMPORTED CLOCKS PACKAGED IN CARDBOARD CONTAINERS WRAPPED IN GIFT PAPER

NY C85782 April 13, 1998 MAR-2 RR:NC:MM:114 C85782 CATEGORY: MARKING Mr. James E. Unger CBC Customhouse Brokers, Inc. P.O. Box 646 Wood Dale, Il. 60191 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED CLOCKS PACKAGED IN CARDBOARD CONTAINERS WRAPPED IN GIFT PAPER Dear Mr. Unger: This is in response to your letter received on March 25, 1998, on behalf of Hanig & Co., requesting a ruling on whether the proposed method of marking the container with the country of origin in lieu of marking the article itself, is an acceptable country of origin marking for the imported alarm clock. A marked sample container was submitted with your letter for review. You indicated in a telephone conversation that your request for a ruling concerns only country of origin marking under Section 304, Tariff Act of 1930. Clocks and watches of chapter 91, Harmonized Tariff Schedule of the United States (HTSUS), have special marking requirements, including country of origin marking, for which there is no authority granted to U.S. Customs to exempt or waive. If your client requires a marking ruling under the Special Marking Requirements of U.S. Additional Note 4 to Chapter 91, HTSUS, relating to the marking of the alarm clock, a request for a ruling should be submitted to this office. You submitted a sample of an alarm clock which is packaged in a cardboard box, and then wrapped in printed gift paper. The cardboard box is stamped with an ink stamp with the words "Made in China" and the gift paper is marked in a permanent manner with the printed words "Made in China". At the time of importation, the alarm clock will be packaged in the cardboard box, which will be wrapped in the gift paper. The gift paper is secured to the box by means of adhesive tape. You have indicated in your letter that your client proposes to use removable labels with the words "Made in China" to mark the cardboard box and the gift paper. Another proposed marking is to use removable labels on the gift paper, with no country of origin markings on the cardboard box. The third proposed marking is to mark the gift paper by printing the country of origin marking on the gift paper, with no country of origin marking on the cardboard box. 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. In this case, the ultimate purchaser of the clock is the consumer who receives the product at retail. 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 item by viewing the container in which it is packaged, the individual item would be excepted from marking under this provision. The proposed use of removable labels to mark the gift paper and the cardboard container with the country of origin, and the proposed use of removable labels to mark the gift paper with the country of origin, are not acceptable country of origin markings under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). The proposed country of origin marking by printing "Made in China" on the gift paper, and not on the cardboard container in which the clock is packaged, is not an acceptable marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). The submitted sample, with the country of origin printed on the gift paper and printed in ink on the cardboard container in which the clock is packaged, satisfies the requirements of 19 U.S.C. 1304, provided that the item will remain in its container until it reaches the ultimate purchaser. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Barbara Kiefer at 212-466-5685. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division