COUNTRY OF ORIGIN MARKING OF IMPORTED IPOD CASES; ARTICLE 509

N014683 August 9, 2007 MAR-2 RR:NC:N3:341 CATEGORY: MARKING Ms. Erin Barclay Case Logics, Inc. 6303 Dry Creek Parkway Longmont, CO 80503 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED IPOD CASES; ARTICLE 509 Dear Ms. Barclay: This is in response to your letter dated July 18, 2007, requesting a ruling on whether the proposed method of marking the container in which iPod cases are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported cases. Marked sample containers were submitted with your letter for review. The samples which you submitted are being returned to you. 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. 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. 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 iPod case by viewing the container in which it is packaged, the individual case would be excepted from marking under this provision. iPod cases 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 cases 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 cases 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 181 of the Customs Regulations (19 CFR Part 181). 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 Vikki Lazaro at 646-733-3041. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division