COUNTRY OF ORIGIN MARKING OF IMPORTED BED AND TABLE LINENS

N101165 May 4, 2010 MAR-2 OT:RR:NC:TA:349 CATEGORY: MARKING Mr. Harold M. Grunfeld Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor New York, NY 10022-4877 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED BED AND TABLE LINENS Dear Mr. Grunfeld: This is in response to your letter dated April 9, 2010 requesting a ruling on whether the proposed method of marking the container in which the bed and table linens is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported bed and table linens. Samples packed in sealed packages and photographs of the marked container were submitted with your letter for review. This request is being made on behalf of Fili D’oro Inc. Your client imports high end table linen and bed linen for sale to exclusive hotels, resorts, restaurants and cruise ship lines. These products are used in those facilities and are not resold by the hotels, resorts, restaurants or cruise ship lines. The linens will not be sold at retail. The bed linen and table linen will be packed in sealed plastic packages. The sealed poly bags are placed inside cartons. The outer cartons are marked with the country of origin, product number, color, size and quantity. The cartons are not broken down after importation and are sold to the institutional buyer as a full carton. 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. The bed and table linens are sold to hotels, resorts, restaurants, hospitals and other institutions. They use the bed and table linens in their establishments. The hotels, resorts, restaurants, hospitals and other institutions are the ultimate purchasers of the imported bed and table linens. 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. 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 bed linen and table linen by viewing the container in which it is packaged, the individual linens would be excepted from marking under this provision. The bed and table linens which are imported in cartons and sealed plastic packages 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 outer container in which the bed and table linens are imported and sold to the ultimate institutional purchaser in lieu of marking each individual item is an acceptable country of origin marking for the imported linens provided the port director is satisfied that the linens will remain in the marked container or sealed plastic package until they reach 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 John Hansen at (646) 733-3043. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division