The marking of blank baseballs made in China

N310459 March 26, 2020 MAR-2 OT:RR:NC:N1:424 CATEGORY: Marking Mr. Paul Ottone GameBall Workshop 10332 Ponder St. Cypress, CA 90630 RE: The marking of blank baseballs made in China Dear Mr. Ottone: This is in response to your letter dated March 6, 2020, requesting a ruling on whether the proposed marking is an acceptable country of origin marking for certain baseballs. A marked sample was not submitted with your letter for review. The products in question are “blank” baseballs, imported from China. Although the products are designed to resemble actual baseballs, you state that the products are made of lesser quality materials and are used specifically for collecting autographs or for use in arts and crafts projects. You state that the importance of having the entire surface of the ball available is of critical importance for its intended use. You are requesting an exemption for directly marking each baseball with the country of origin and instead propose marking the retail packaging. According to the information provided, upon importation, each blank baseball will be packaged in a clear plastic bag that is sealed and attached a header card indicating that the product is “Made in China” and stapling this card to each individual plastic bag that is imported. It is noted in your submission that your company, “GameBall Workshop,” intends to sells these baseballs on Amazon as “Blank / Unmarked Baseballs,” asserts that each baseball is packaged in a separate plastic bag, one per bag, and that the header card will remain with the baseball from the time it is created by the supplier until it reaches the end user. A photograph of the header card was submitted with your request. 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. An article may be 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, the baseballs may be excepted from individual marking provided that the sealed plastic packaging in which the baseball is imported is marked to indicate the country of origin of the baseball, and the Customs officers at the port of entry are satisfied that the bags will reach the ultimate purchaser unopened. 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 Roseanne Murphy at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division