COUNTRY OF ORIGIN MARKING OF IMPORTED BED LINENS, BATH LINENS AND BATH MATS

N196755 January 6, 2012 MAR-2 OT:RR:NC:TA:349 CATEGORY: MARKING Mr. John F. Peterson C.H. Powell Company 20013 S. Rancho Way Rancho Dominguez, CA 90220 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED BED LINENS, BATH LINENS AND BATH MATS Dear Mr. Peterson: This is in response to your letter dated December 9, 2011 requesting a ruling on whether the proposed method of marking the container in which the bath mats, bed and bath linens are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported linens and mats. Samples were not submitted for review. This request is being made on behalf of American Dawn, Inc. Your client intends to import high end bath linen, bed linen and bath mats for sale to upper tier hotels, spas and salons. These products are used in those facilities by their internal linen services and are not resold by the hotels, spas or salons. The linens will not be sold at retail. The bed linen, bath linen and mats will be packed in sealed cartons. The outer cartons are marked with the country of origin, product, 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 bath mats, bed and bath linens are sold to hotels, spas and salons. They use the linens and mats in their establishments. The hotels, spas and salons are the ultimate purchasers of the imported bed linens bath linens and bath mats. 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 bath mats, bed linen and bath linen by viewing the container in which it is packaged, the individual linens would be excepted from marking under this provision. The bath mats, bed and table linens which are imported in sealed 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 outer container in which the mats, bed and bath 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 and mats provided the port director is satisfied that the linens and mats will remain in the marked container 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, Thomas J. Russo Director National Commodity Specialist Division