COUNTRY OF ORIGIN MARKING OF IMPORTED BED LINENS, TABLE LINENS AND TOWELS

N269686 November 13, 2015 MAR-2 OT:RR:NC:N3:349 CATEGORY: MARKING Ms. Donna Palermo Mid America Overseas Inc. 11 Commerce Drive Cranford NJ 07016 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED BED LINENS, TABLE LINENS AND TOWELS Dear Ms. Palermo: This is in response to your letter dated October 13, 2015 requesting a ruling on whether the proposed method of marking the container in which bed linens, table linens and towels 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 towels. Photographs of marked containers were submitted with your letter for review. This request is being made on behalf of International Purchasing Exchange LLC. Your client imports a variety of items such as bed linens, table linens and towels used in the hospitality industry. While the majority of your client’s sales are to hotels and resorts, it was acknowledged in a recent e-mail that International Purchasing Exchange LLC currently has one client that sells their items at retail. Your client has stated that any item that is further sold at retail will be given a separate product number and will be imported in retail packaging and properly marked with the country of origin. For purposes of this ruling, the linens and towels included will be used solely in the hotel or resort and will not be sold at retail. The bed linens, table linens and towels will be packed in cartons within a plastic liner. The carton is marked with the country of origin. After importation, International Purchasing Exchange LLC ships the entire carton to the hotel or resort to which it is sold; no box is broken to sell fewer items than packed. You request an exception from marking the individual bed linens, table linens and towels because the marking of the containers (cartons) will indicate the country of origin to the hotels and resorts. 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 linens and towels are sold to hotels and resorts for use within these establishments. The hotels and resorts are the ultimate purchasers of the imported linens and towels. 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 linens and towels by viewing the container in which it is packed and received, the individual linens and towels would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the carton in which the linens and towels 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 items 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 Kim Wachtel at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division