COUNTRY OF ORIGIN MARKING OF IMPORTED LOOSE-LEAF RINGS

NY E83206 June 16, 1999 MAR-2 RR:NC:N1:113 E83206 CATEGORY: MARKING Ms. Andrea Pietri Savant Customs Brokers & Freight Forwarders, Inc. 11 Broadway, Suite 1068 New York, NY 10004 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED LOOSE-LEAF RINGS Dear Ms. Pietri: This is in response to your letter dated June 9, 1999, on behalf of Hong Kong Stationery Manufacturing Co. (USA), Inc., requesting a ruling on whether the proposed method of marking the container in which the loose-leaf rings are imported with the country of origin in lieu of marking the articles themselves is an acceptable country of origin marking for the imported loose-leaf rings. A marked sample container was not submitted with your letter for review. You did submit a sample of the loose-leaf rings themselves. The sample loose-leaf rings are hinged rings of circular steel wire, 1 inch in diameter. You state that the rings will be imported in sizes ranging from ¾ of an inch to 5 inches. They will be packed in small boxes as well as blister cards by the supplier and will be sold to stationery stores. You suggest that the words “Made in China” on the box or blister pack be accepted in lieu of marking the rings themselves. We assume that no other geographical designation will appear on the package. 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 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. Section 134.41(b), Customs Regulations (19 C.F.R. §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 loose-leaf rings is the consumer who purchases 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 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 loose-leaf rings by viewing the container in which it is packaged, the individual rings would be excepted from marking under this provision. Loose-leaf rings 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 rings 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 rings provided the port 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 James Smyth at 212-637-7008. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division