COUNTRY OF ORIGIN MARKING OF IMPORTED COMMERCIAL GAS GRIDDLES FROM CHINA

NY R02769 November 14, 2005 MAR-2 RR:NC:N1:106 R02769 CATEGORY: MARKING Ms. Stacey Maynor Star Manufacturing International, Inc. 265 Hobson Street Smithville, TN 37166 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED COMMERCIAL GAS GRIDDLES FROM CHINA Dear Ms. Maynor: This is in response to your letter dated November 3, 2005 requesting a ruling on whether the proposed marking satisfies the marking requirements if the article itself is properly marked with the country of origin "Made in China" and the sealed disposable container in which the article is imported is also marked “Made in China”. A marked sample was not submitted with your letter for review but you did provide photographs of the proposed markings. The merchandise in question is four models of your StarMax Manual Gas Griddles. The models are identified as article numbers 8G-615MD, 8G-624MD, 8G-636MD and 8G-648MD. The four models of gas griddles vary in size (width) but have identical operation characteristics. This product is used to prepare cooked food products in restaurants and other eating establishments. The units operate on natural gas or liquid propane and cook with a flame, which heats the griddle plate to the desired temperature. The product will arrive at your facility in the same carton in which it will be shipped to your customer, the end user of the StarMax Manual Gas Griddle. No re-packaging will be done. The sealed carton is conspicuously marked with your logo and U.S. address and with the country of origin marking “Made in China” below your address. The country of origin marking will be in the same text size as your address, which is 3/8” high. The StarMax Manual Gas Griddle itself will also be marked with the country of origin printed on a permanently attached serial plate on the underside of the unit. 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 imported StarMax Manual Gas Griddle is the commercial consumer who purchases the product from you. The marking requirements for sealed disposable containers of imported merchandise are set forth in section 134.24(d), Customs Regulations (19 CFR 134.24(d)). This section provides that "disposable containers… of imported merchandise, which are sold without normally being opened by the ultimate purchaser… shall be marked to indicate the country of origin of their contents.” The circumstances you have described satisfy the country of origin marking requirements both with respect to the individual article and its container and are acceptable methods of marking. 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 Patrick Wholey at 646-733-3013. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division