Country of Origin Marking, softballs; Outer Container; 19 CFR 134.32.

NY G84400 December 4, 2000 MAR-RR:NC:2:224 G84400 CATEGORY: Marking Marc D. Torrence V. Alexander & Co., Inc. P.O. Box 291929 Nashville TN 37229-1929 RE: Country of Origin Marking, softballs; Outer Container; 19 CFR 134.32. Dear Mr. Torrence: This is in response to your letter dated November 17, 2000, requesting a ruling, on behalf of Worth Inc., Tullahoma TN, as to the country of origin requirements applicable to softballs imported in their retail containers. A sample container, without a softball enclosed, was submitted with your letter for review. Worth, Inc. proposes to import softballs in their marked retail boxes that are, in turn, packed in master cartons also marked with the country of origin. The master cartons will be unpacked at the importer’s facility and the balls will be repacked in different master cartons for delivery to a number of major retailers. The balls will be packaged in individual boxes and sold in this manner to the ultimate purchasers, and you ask if the softballs themselves can be excepted from marking to indicate the country of origin under 19 U.S.C. 1304 (a)(3)(d) if the individual containers are marked to indicate China as the country of origin. 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 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. The Regulations provide that this marking exception is valid only if the softball is imported or repacked in the appropriate circumstances in a container that will reach the ultimate purchaser unopened. After giving this matter careful consideration, this office has concluded that softballs (and baseballs, for that matter) should be individually marked to indicate the country of origin, even though they may be imported or repackaged in the United States in individual boxes, since it is possible that the softballs may be removed from their containers either inadvertently or deliberately prior to sale to the ultimate purchasers. Marking of the softball itself will assure that the identity of the country of origin will be known to the ultimate purchaser in the event the container is lost or destroyed or intentionally removed for some purpose. Accordingly, an exception under 19 U.S.C. 1304(a)(3)(d) is not considered to be justified in this case. The marking of the softball itself with the word “China” would ordinarily be sufficient to comply with the requirements of 19 U.S.C. 1304. However, if the softballs are imported in containers marked with a U.S. geographical location such as the address of the U.S. seller, the containers would also be required to be marked with appropriate wording to indicate that the balls were made in China. A marking such as “Made in China” in proximity to the U.S. reference wherever it appears on the container would be acceptable. 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 Tom McKenna at 212-637-7015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division