The country of origin marking of breast pump kits

N361653June 8, 2026MAR-2:OT:RR:NC:N1:102
CATEGORY: MarkingHyeyeon LeeShinhan Customs Services Co. Ltd.704, Nonhyeon-ro, Gangnam-guSeoul, 06052South KoreaRE: The country of origin marking of breast pump kitsDear Hyeyeon Lee:This is in response to your letter dated
May 20, 2026
, requesting a ruling on behalf of your client, CimilreCo., Ltd. The issue is whether the proposed marking “Made in Korea” is an acceptable country of originmarking for the retail packaging of imported breast pump kits.The products under consideration are breast pump kits, models Cimilre S6 Plus, Cimilre Motif Luna withbattery and Cimilre S7. The kits are comprised of a main pumping unit packaged with a breast shield, avalve, a backflow protector, a bottle(s), nipple(s), cap(s), a container for milk storage, a power adapter, andan airflow tube. New York Ruling N354453, dated October 24, 2025, addressed the classification of thesekits and determined that the kits were classified within heading 8413, which provides for liquid pumps, as theessential character of these kits is imparted by the pumps.In your letter, you propose to print the country of origin marking on the outermost surface of each retail setbox, and submitted of the retail packaging, upon which the phrase “in ” will bepicturesMade Koreapermanently printed and made visible on the outermost surface of the container. Additional pictures revealsecure adhesive taping method.the individual items will be marked using a The airflow tube will be markedMade in “Made in China,” and the remainder of the items will be marked “Korea.”Pursuant tohe marking statute, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304)unless t 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 ultimate purchaser in the U.S. ust be able to find the marking easily and readthe m 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.As kits, we look to Treasury Decision (T.D.) 91-7, published in Volumethe subject products aremust also 25,Customs Bulletin and Decisions, (January 16, 1991), which addressed, among other things, the application ofcountry of origin marking requirements to sets. It was stated therein: … in most cases, the mere inclusion of an item in a collection will not substantially transform it into an article with a new name, character or use and, therefore, each item must be separately marked with its own country of origin. (Where the marking of the container will reasonably indicate the country of origin to the ultimate purchaser, the container may be marked instead of the individual articles. See 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d)). This result is consistent with the purpose of the marking statute since the ultimate purchaser’s decision as to whether to buy the set might be influenced by the country of origin of any of the items in the set, whether or not an item gives the set its essential character.Here, each kit contains individual items sourced from South Korea and China that have not been substantiallytransformed in either country. In undergoing a packaging process, the individual items maintain their separateidentities. It is noted that you mention all packaged items will be individually marked and that acommonsense approach to the marking determination should be considered, as certain items, such as theairflow tube, are incidental components with no independent commercial value and would have no influenceon the purchasing decision. However, Headquarters Ruling Letter H265715, dated January 5, 2022, mentionsthat CBP considers a commonsense approach to determine when marking is required, and in this instance, theultimate purchaser in the U.S. would not be able to find the markings of the individual items easily, as theywould have to open the retail packaging to view the markings of the items. Furthermore, there is no evidencethat the origin of one particular item packaged in the kit will influence the decision of the consumer. Eachitem, including the airflow tube that connects the main unit to the breast shield, contributes to the expressionof milk. Based on these considerations, the retail packaging box must indicate the proper country of origin ofthe individual items in the kits. The holding set forth above applies only to the specific factual situation and merchandise description asidentified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of theinformation furnished in the ruling letter, whether directly, by reference, or by implication, is accurate andcomplete in every material respect. In the event that the facts are modified in any way, or if the goods do notconform to these facts at time of importation, you should bring this to the attention of U.S. Customs andBorder Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.Additionally, we note that the material facts described in the foregoing ruling may be subject to periodicverification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border ProtectionRegulations (19 C.F.R. 177).A copy of the ruling or the control number indicated above should be provided with the entry documentsfiled at the time this merchandise is imported. If you have any questions regarding the ruling, please contactNational Import Specialist Sandra Martinez at [email protected].
Sincerely,
(for)James P. ForkanDirectorNational Commodity Specialist Division