THE COUNTRY OF ORIGIN MARKING OF NUT DISPENSERS FROM CHINA.

NY F87108 February 26, 2001 MAR-2 RR:NC:SP:222 F87108 CATEGORY: MARKING Mr. AL Dwek TS Group Inc. 109 Phillips Avenue Deal, NJ 07723 RE: THE COUNTRY OF ORIGIN MARKING OF NUT DISPENSERS FROM CHINA. Dear Mr. Dweck: This is in response to your letter dated May 16, 2000 requesting a ruling on whether the proposed marking "Made In China" is an acceptable country of origin marking for imported nut dispensers. A marked sample was not submitted with your letter for review. You intend to import nut dispensers from China. The nut dispensers themselves will not be marked but the outer container in which they are shipped will be marked “Made in China.” The dispensers will be imported with an equal number of folding boxes marked “Made in China”. You intend that your customers (who we presume are importer of record) will repack each nut dispenser into a folding box with a package of coated nuts. You do not state the country of origin of the coated nuts. 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. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. The proposed marking of imported nut dispenser, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported nut dispensers. An article may be 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. However, since the nut dispensers are not imported in their marked retail container, whether the subject articles are excepted from individual marking under 19 CFR 134.32(d) is for the port director to decide. In this regard section 134.34, Customs Regulations (19 CFR 134.34), provides that an exception may be authorized in the discretion of the port director under 19 CFR 134.32(d) for imported articles which are to be repacked after release from Customs custody under the following conditions: (1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S.; (2) The importer arranges for supervision of the marking of the containers by Customs officers at the importer's expense or secures such verification, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry. In this case, assuming that the port director is satisfied that the imported nut dispensers will be repacked in the manner described above, (showing the country of origin of both the dispensers and the nuts) and that the other conditions set forth in 19 CFR 134.34 are met, the port director may authorize an exception under 19 CFR 134.32(d), in which case marking of the imported nut dispensers at time of entry will not be required. 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 Alice R. Masterson at 212-637-7090. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division