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HQ 732875


January 26, 1990

MAR-2-05 CO:R:C:V 730945 NL

CATEGORY: MARKING

Judith L. Haggin
George S. Bush & Co., Inc.
P.O. Box 8829
Portland, Oregon 97208

RE: Country of Origin Marking of Ribbons and Foil Tape

Dear Ms. Haggin:

This is in response to your letter of October 25, 1989, in which you request a ruling on the country of origin marking of various ribbons, foils and other Christmas and celebratory items. Your letter was forwarded to us by the District Director of Customs, Portland, Oregon, together with a large number of sample items.

FACTS:

Your client imports various ribbon and novelty items for sale to retailers. Some of the items are sold to retailers in their condition as imported, while others are sold in bulk for retailers to assemble in kits. The kit items are accompanied by a notice bearing the language specified in section 134.26(d), Customs Regulations (19 CFR 134.26(d)), for the Notice to Subsequent Purchaser or Repacker, and by stickers for the retailer to affix to the plastic containers for the kits. The District Director has advised us that previous importations were the subject of an investigation for compliance with the country of origin marking requirements of 19 U.S.C. 1304.

LAW & ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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, Customs Regulations (19 CFR 134.41), provides, among other things, that the ultimate purchaser of the article in the U.S. must be able to find the marking easily and read it without strain.

We have examined each of the sample articles for the sufficiency of their country of origin marking. Our opinion as to each is set forth below.

Ribbon Shredder - The words "Made in Taiwan are both molded on the shredding device and printed on the blister packaging. The country of origin marking is conspicuous.

Shredder/Ribbon Package - The marking is conspicuous for the reasons given above, i.e., the country of origin marking is molded on the device and printed on the blister packaging.

Designer Garland - The marking printed on the cardboard loop is acceptable.

75-ft Garland (red) - The sticker affixed to the plastic bag is acceptable marking for the article if Customs officials are satisfied that the article will in all foreseeable circumstances reach the ultimate purchaser in the packaging in which it was imported. In this case, it is our opinion that the unsealed container does not afford such assurances, and the garland itself must be marked. Since this does not appear to be an article which would be repacked, we do not find the notice to repackers provided for in 19 CFR 134.26 to be applicable.

Bulk Ribbons - These articles are imported in unsealed plastic bags which are marked with a sticker. These articles are to be assembled in kits, and the importer must follow the procedures set forth in 19 CFR 134.26 for certification to the district director and notice to subsequent purchasers and repackers.

Mylar Bags - Embossed marking is not conspicuous as required by 19 CFR 134.11, and is not easy to locate and read without strain as required by 134.41(b).

Decorative Masks - The sticker affixed to the mask is acceptable country of origin marking.

Flash Foil Tape Package - The printed country of origin on the cardboard portion of the blister pack is acceptable.

Bulk Flash Foil Tape - The marking is a sticker affixed to the unsealed plastic bag in which the articles are imported. The importer must follow the procedures for certification to the district director and notice to subsequent purchasers and repackers provided for in 19 CFR 134.26.

Poly Curling Ribbon - The sticker affixed to the ribbon reel is acceptable country of origin marking.

Glitz Bitz Package - The sticker affixed to the plastic bag
containing the article is acceptable country of origin marking.

5 lb. Glitz Bitz - This marking is acceptable per above.

Heavy Metal Ribbon - The sticker affixed to the end of the ribbon reel is acceptable country of origin marking.

Metallic Ribbon (blue) - The name of the country of origin molded into the end of the ribbon spool is acceptable.

Crazy Cut-out Swags - The name of the country of origin is printed on the cardboard closure of the plastic bag and is acceptable.

Star Wand - The sticker on the sealed plastic bag is acceptable country of origin marking for the article.

Bulk Shredders - The name of the country of origin is molded into each article and is acceptable.

HOLDING:

Our opinion as to each article is set forth above. This ruling, pursuant to 19 CFR Part 177, applies only to prospective transactions, and does not affect any determinations which may have been reached by Customs officials concerning previous importations.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs and Admissibility Branch

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