COUNTRY OF ORIGIN MARKING OF IMPORTED HUMMEL FIGURINES

N265566 July 8, 2015 MAR-2 OT:RR:NC:N4:422 CATEGORY: MARKING Mr. Vini Azevedo MBI, Inc. 47 Richards Avenue Norwalk, CT 06857 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED HUMMEL FIGURINES Dear Mr. Azevedo: This is in response to your letter dated June 5, 2015, requesting a ruling on whether the proposed method of marking the container in which M. I. Hummel figurines are imported with the country of origin in lieu of marking the articles themselves is an acceptable country of origin marking for the imported figurines. A marked sample container was not submitted with your letter for review but illustrations of marked containers were submitted. The two collections that are the subject of this request are identified as Hummel Calendar Figurines, consisting of 12 mini figurines and Hummel Christmas Choir Figurines, consisting of 14 mini figurines. All of the figurines are manufactured in China and imported into the United States by the Danbury Mint. The Danbury Mint is a licensed user of Hummel trademarks. All packaging will be performed in China. Two figurines will be packed together in one retail box which will, in turn, be placed into a larger white shipment box, one retail box per shipment box. The shipment boxes are loaded into master cartons which are shipped to the United States for delivery to the Danbury distribution warehouse. At the warehouse, the white shipment boxes are unpacked and sent directly to the ultimate purchasers, each purchaser receiving one white shipment box containing one retail box which, in turn, contains two figurines. The Danbury Mint does not market or sell its products through retail stores but directly to the individual customer. Affixed to the white shipment box will be a sticker that has the bar code and the country of origin. Printed on the retail box will be the M. I. Hummel logo, the Danbury Mint logo, copyright information and the country of origin. The actual figurines will not be marked with the country of origin. 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 Hummel figurines is the consumer who receives the white shipment box from the Danbury Mint distribution warehouse. It should be noted that your original request included an illustration of the base of the figurine that reflected a marking with the words “The Danbury Mint.” Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. After you were informed of these requirements, you informed this office that you would change the markings on the base of the figurine to merely reflect the Danbury logo and not the place name “Danbury.” The instant request included an illustration that reflected this change. 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 Hummel figurines by viewing the container in which it is packaged, the individual figurines would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the white shipment box and the retail box in which the Hummel figurines 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 figurines provided that the word Danbury does not appear on the figurine or its base and the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. You have asked whether the country of origin marking should state “Made in China’ or “Hummel Figurine, Made in China.” It would be necessary for the marking to state “Hummel Figurine, Made in China” to make it clear that it is the figurine and not just the box that is, in fact, made in China. 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