COUNTRY OF ORIGIN MARKING OF IMPORTED PLASTIC DINNER PLATES AND SERVING DISHES

N037077 September 25, 2008 MAR-2 OT:RR:E:NC:N2:222 CATEGORY: MARKING Mr. Chris M. Wooldridge Far East Products & Trading 3577 Wild Cherry Court Las Vegas, NV 89121 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED PLASTIC DINNER PLATES AND SERVING DISHES Dear Mr. Wooldridge: This is in response to your letter dated September 2, 2008, on behalf of Starbuck Design, requesting a ruling on whether it is acceptable to mark the country of origin on the inner and outer cartons in which plastic dinner plates and serving dishes will be packaged in bulk and imported, in lieu of marking the articles themselves. You have explained that after importation, the unmarked articles will be repackaged in retail boxes. A marked sample container was not submitted with your letter for review. The submitted illustrations of the three articles in question have been identified as a Taco Dinner Plate, a 2 Taco Serving Tray and an 8 Taco Serving Tray. The Taco Dinner Plate has two depressions to accommodate two Tacos and three other depressions for side dishes. The 2 Taco Serving Tray has two depressions to accommodate two tacos and the 8 Taco Serving Tray has eight depressions to accommodate eight tacos. Neither the 2 Taco Serving Tray or the 8 Taco Serving Tray have any additional depressions for side dishes. In a telephone conversation with this office, you have explained that the Taco Dinner Plate is designed to be used for individual portions of food while the 2 Taco Serving Tray and the 8 Taco Serving Tray are designed to be used as dishes from which more than one individual will serve themselves with the food that will ultimately be contained therein. 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 Taco Dinner Plate, the 2 Taco Serving Tray and the 8 Taco Serving Tray is the consumer who purchases these products 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 that article to the ultimate purchaser. Accordingly, if Customs is satisfied that the article will remain in the container in which it is imported until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the article by viewing that container, the individual article would be 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 article is imported and sold to the ultimate purchaser in lieu of marking the article itself would be an acceptable country of origin marking for the imported article provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. However, since the Taco Dinner Plate, the 2 Taco Serving Tray and the 8 Taco Serving Tray will not remain in the marked containers in which they are imported until they reach the ultimate purchaser, 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 at 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 Taco Dinner Plate, the 2 Taco Serving Tray and the 8 Taco Serving Tray will be repacked in the manner described above, 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 articles will not be required. It should be noted that you have not stated that the retail boxes in which these articles will be repackaged, will indicate the origin of the articles to an ultimate purchaser. If the retail boxes will not be marked with the country of origin of the Taco Dinner Plate, the 2 Taco Serving Tray and the 8 Taco Serving Tray, then the marking of the cartons in which these articles will be imported, in lieu of the marking of the articles themselves, will not 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 Gary Kalus at (646) 733-3055. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division