COUNTRY OF ORIGIN AND COUNTRY OF ORIGIN MARKING OF IMPORTED COOKWARE

N015936 August 28, 2007 MAR-2 RR:NC:N1:113 CATEGORY: COUNTRY OF ORIGIN AND MARKING Ms. Kathy Trotta Conair Corporation 150 Milford Road East Windsor, NJ 08520 RE: COUNTRY OF ORIGIN AND COUNTRY OF ORIGIN MARKING OF IMPORTED COOKWARE Dear Ms. Trotta: This is in response to your letter dated August 14, 2007, requesting a ruling on the country of origin and country of origin marking for the imported cookware. A sample of the pan was submitted with your letter for review. A sample of the container was not submitted for review. The merchandise is a Cuisinart( stainless steel pan. You state in your letter that the body of the pan will be formed in France. The body will then be shipped to China, where the handles and bottom will be treated with a protective coating. The finished pan will then be packed in China for shipment to the United States. The body of the pan formed in France is recognizable as the finished product. Although it is necessary to attach the handles and to perform the coating process, the body can only be used to manufacture pans to be used for cooking. The formed body is the major part of the stainless steel pan imported into the United States. The finishing and coating of the pan in China is relatively minor processing. The formed pan is not substantially transformed in China into a new article with a new name, character or use. Therefore, the country of origin of the stainless steel pan is France. 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 United States 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 United States 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 United States 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 cookware 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 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 stainless steel pan by viewing the container in which it is packaged, the individual pan would be excepted from marking under this provision. In this instance, the stainless steel pan is packaged in China and imported into the United States in a container ready for retail sale. In order to satisfy the marking requirements of 19 U.S.C. 1304, the container may be marked “Made in France”. The pan which is imported in a container that is marked with the country of origin (“Made in France”) is 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 pan is imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported pan 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 Ann Taub at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division