COUNTRY OF ORIGIN MARKING OF IMPORTED BED LINENS, TABLE LINENS AND TOWELS

N165779 June 6, 2011 MAR-2 OT:RR:NC:TA:349 CATEGORY: MARKING Mr. Peter W. Klestadt Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor New York, NY 10022-4877 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED BED LINENS, TABLE LINENS AND TOWELS Dear Mr. Klestadt: This is in response to your letter dated May 11, 2011 requesting a ruling on whether the proposed method of marking the container and individual poly bags in which the bed linens, table linens and towels are 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 of the articles packed in sealed packages, as well as samples of representative individual poly bag labels and carton labels to be used, were submitted with your letter for review. This request is being made on behalf of Frette North America, Inc. Your client imports its “Hospitality” line of products that includes for example bed linen, table linen and towels for sale strictly to institutional customers such as hotels and spas. These products are used in those facilities and are not resold by the hotels or spas. The linens and towels will not be sold at retail. The bed linens, table linens and towels will be packed in a sealed in poly bag that contains either a single unit or several units. The poly bags will be imported in a master carton that will contain several poly bags of merchandise. The outer cartons and poly bags will be marked with the country of origin, product number, color, size and quantity. After importation, Frette North America will either ship the entire carton to the institution or they will open the cartons and place the sealed plastic packages in inventory. When an order is received the sealed plastic packages will be placed in a new carton and shipped. In either case, Frette North America will apply a new shipping label to the outer carton. This label will indicate the country of origin of the contents. You request an exception from marking the individual bed linens, table linens and towels because the marking of the containers and/or the marking of the sealed plastic packages will indicate the country of origin to the hotels and spas. 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 linens and towels are sold to hotels and spas. They use the linens and towels in their establishments. The hotels and spas are the ultimate purchasers of the imported linens and towels. 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 linens, table linens and towels by viewing the container in which it is packaged, the individual linens and towels would be excepted from marking under this provision. The bed linens, table linens and towels which are imported in cartons, sealed plastic packages and repackaged in cartons 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 sealed poly bags and the outer container in which the bed linens, table linens and towels 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