COUNTRY OF ORIGIN MARKING OF IMPORTED PLASTIC STRAPS AND CLIPS

N263380 April 28, 2015 MAR-2 OT:RR:NC:N4:422 CATEGORY: MARKING Mr. David Montoya Atkore International, Inc. 16100 South Lathrop Ave Harvey, Il 60426 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED PLASTIC STRAPS AND CLIPS Dear Mr. Montoya: This is in response to your letter dated March 23, 2015, which was receive in this office on April 1, 2015, requesting a ruling on whether the proposed method of marking the container in which the plastic MC Snapit stud straps and plastic Piggy Back clips are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported plastic straps and clips. A marked sample container was not submitted with your letter for review but a photograph of the marked container was submitted. The submitted samples are identified as two MC Snapit 4” 2-Circuit MC/low voltage stud strap and two MC Snapit accessory Piggy Back clips. Each of these items is comprised of polycarbonate (PC) plastic material. These items are designed as support holders for cables. Each strap has two concave areas to hold two cables respectively and each Piggy Back clip can be clipped onto the strap to hold an additional cable. The strap measures approximately 3½” in width by ½” in height by 1¼” in depth. The Piggy Back clip measures approximately ½” in width by ¼” in height by ¾” in depth. Your company sells these items to electrical distributors who, in turn, sell them to electrical contractors. In a telephone conversation you have stated that your distributor customers are numerous and located throughout the country. Your company does not sell directly to the ultimate purchasers. These items will be packaged before importation in inner boxes that contain 100 items each and these boxes will be packaged in outer boxes, also before importation. You have proposed that all inner and outer boxes be marked with the country of origin, in lieu of marking the actual article. 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 plastic straps and clips are the parties that purchase the product from your direct customers who are distributors. 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 plastic straps and clips by viewing the container in which it is packaged, the individual plastic straps and clips would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). You have stated the following: “The product in question is not being sold at stores. Strategically, there isn't a plan in place to move into this direction any time soon. Our current partners, electrical distributors, can reach the majority, if not all of the audience, that would be interested in working with this product. Since this product can provide significant labor savings due to the time that is required to install it, we are targeting large commercial construction projects in which we can sale multiple boxes. The quantities on boxes will range on project size as well as electrical outlet boxes that would be required on the job.” However, given the fact that your customers are so numerous that you cannot obtain certifications from every one of them as to whether or not any of the items will be sold to the ultimate purchasers without the box within which they will be imported, if the individual item is not marked with the country of origin, it cannot be assured that each and every ultimate purchaser will be able to determine the country of origin. Accordingly, marking the container in which the plastic straps and clips are imported in lieu of marking each strap and clip is not an acceptable country of origin marking for the imported plastic straps and clips. 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 Gary Kalus at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division