COUNTRY OF ORIGIN MARKING OF IMPORTED SKULLCAPS.

NY F81498 January 28, 2000 MAR-2 RR:NC:3 353 F81498 CATEGORY: MARKING Mr. Al Dwek Telescope Structures, Inx. 109 Phillips Ave. Deall, N.J. 07723 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED SKULLCAPS. Dear Mr. Dwek: This is in response to your letter dated November 17, 1999, received in this office January 5, 2000 requesting a ruling on whether the proposed method of marking the container in which the skull caps are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported skull caps. A marked sample container was not submitted with your letter for review. You state that the skullcaps will be packed 1 gross to a box and that the box will be marked “Made in China”. Also you stated that the skullcaps will be sold to Synagogues and will not be resold. 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 skullcaps is the synagogues who purchase the product. 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 skull caps by viewing the container in which it is packaged, the individual skull cap would be excepted from marking under this provision. The skullcaps 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 CFR 134.32(d). Accordingly, marking the container in which the skull caps 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 skull caps 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 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 Kenneth Reidlinger at 212-637-7084. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division