THE COUNTRY OF ORIGIN MARKING OF IMPORTED TOILET TISSUE.

N266518 July 31, 2015 MAR-2 OT:RR:NC:N4:234 CATEGORY: MARKING Mr. Robert Reneau Renza, Inc. 2618 San Miguel Drive Suite 484 Newport Beach, CA 92660 RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED TOILET TISSUE. Dear Mr. Reneau: This is in response to your letter dated June 30, 2015, on behalf of your client, J & MV Corporation, requesting a ruling on the country of origin and marking requirements for toilet tissue. A marked sample toilet tissue package was submitted with your letter for review. You submitted a sample which consisted of two dozen rolls of toilet tissue packaged in a plastic bag. The plastic bag in which the paper will reach the ultimate purchaser in the United States is required to be marked to indicate that the paper is “Made in Columbia”. Such marking must be on either the front or back surfaces of the bag (those surfaces which already bear printing on them) in a conspicuous place. It must be legible, in the English language, and be of sufficient permanence so that it may reasonably be expected to reach the ultimate purchaser at retail, in normal handling. Our review of the toilet tissue sample indicated that the package was marked with the wording “Manufactured and Distributed by Papeles Nacionales S.A, in Pereira, Columbia” as well as a list of other importers and distributors for several locations. The marking is confusing and misleading to the consumer. 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. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain As provided in section 134.22(a) (b), Customs Regulations (b), §134.22 General rules for marking of containers or holders.(a) Contents excepted from marking. When an article is excepted from the marking requirements by subpart D of this part, the outermost container or holder in which the article ordinarily reaches the ultimate purchaser shall be marked to indicate the country of origin of the article whether or not the article is marked to indicate its country of origin. (b) Containers or holders treated as imported articles. Containers or holders for imported merchandise which are subject to treatment as imported articles under the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), shall be marked to indicate clearly the country of their own origin in addition to any marking which may be required to show the country of origin of their contents; however, no marking is required for any good of a NAFTA country which is a usual container. The submitted sample, with the country of origin printed in ink on the plastic package, does not satisfy the requirements of 19 U.S.C. 1304, which provides that the item will remain in its container until it reaches the ultimate purchaser. Although the wording “Manufactured and Distributed by Papeles Nacionales S.A, in Pereira, Columbia” appears on the package, it does not indicate that the product was actually made in Columbia. We recommend that the plastic package should indicate “Made in Columbia”. Duty rates are provided for your convenience and are subject to change.  The text of the most recent TSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Albert Gamble at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division