Country of Origin Marking for Sunglasses and Metal Water Bottles

N213997 May 11, 2012 MAR-2 OT:RR:NC:N4:414 CATEGORY: MARKING Mr. James Akins American Accessories International L.L.C. 550 W. Main Street Suite 825 Knoxville, TN 37902 RE: Country of Origin Marking for Sunglasses and Metal Water Bottles Dear Mr. Akins: This is in response to your letter dated April 13, 2012 requesting a ruling on whether the proposed method of marking the containers in which sunglasses and metal water bottles are imported with the country of origin in lieu of marking the articles themselves is an acceptable country of origin marking for the imported items. A marked sample was not submitted with your letter for review. In your letter, you state that the sunglasses and the metal water bottles will be individually packaged in sealed cardboard boxes. The sealed cardboard boxes will be marked with the country of origin “Made in China”. 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. As provided in 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 sunglasses and the metal water bottles 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 sunglasses and the metal water bottles by viewing the container in which it is packaged, the individual sunglasses and metal water bottles 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 sunglasses and the metal water bottles are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported sunglasses and metal water bottles 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 Barbara Kiefer at (646) 733-3019. Sincerely, Thomas J. Russo Director National Commodity Specialist Division