THE COUNTRY OF ORIGIN MARKING OF COVERGIRL™ TWEEZERS

N080508 October 27, 2009 MAR-2 OT:RR:NC:1:118 CATEGORY: MARKING Mr. Kevin W. Leonard Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue 25th Floor New York, NY 10022-4877 RE: THE COUNTRY OF ORIGIN MARKING OF COVERGIRL™ TWEEZERS Dear Mr. Leonard: This is in response to your letter dated October 14, 2009, on behalf of W.E. Bassett Company, requesting a ruling on whether the proposed marking “Made in China” is an acceptable country of origin marking for imported tweezers. A marked sample was submitted with your letter for review. The submitted sample is a slant tip metal tweezers in a clear sealed plastic package. Included in the package is a white display card with consumer information such as instructions for use, the name and address of the COVERGIRL™ trademark owner and the trademark licensee / U.S. importer. In close proximity to the U.S. address, next to the bar code, “Made in China” is conspicuously noted in black lettering. 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 tweezers 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 tweezers by viewing the container in which it is packaged, the individual tweezers 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 tweezers 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 tweezers 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 Kathy Campanelli at (646) 733-3021. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division