HQ 0734287 - Country of Origin Marking - Plastic Models for Medical Instructional Purposes; Ultimate Purchaser; 19 CFR 134.32(d). - United States International Trade Commision Rulings

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HQ 734287
January 28, 1992

MAR-2-05 CO:R:C:V 734287 NL

CATEGORY: MARKING

Jeremy R. Page, Esq.
Katten, Muchin & Zavis
525 West Monroe Street, Suite 1600
Chicago, IL 60606-3693

RE: Country of Origin Marking - Plastic Models for Medical Instructional Purposes; Ultimate Purchaser; 19 CFR 134.32(d).

Dear Mr. Page:

This is in response to your letter of August 2, 1991, in which you request a ruling concerning the country of origin marking requirements applicable to plastic instructional models of the human heart imported from China. Your submission requests in addition that this office rule on the marking requirements for other anatomical products imported by your client, Galloway Plastics, Inc.

FACTS:

As described in the submission, the anatomical models are imported in individual polyethelyne bags which are marked to indicate the models' country of origin. It is assumed for purposes of this ruling that this marking is legible and otherwise satisfies the requirements of conspicuousness set forth in Part 134, Customs Regulations. It is also assumed that there appear on the models no words or references indicating a country of origin other than China.

The models are imported by pharmaceutical companies which in turn distribute them free of charge for promotional purposes to physicians who use them for demontration or instructional purposes with their patients. It is your position that the physicians are the ultimate purchasers of the models, and that the marking on the polyethelene bags will satisfy country of origin marking requirements.

ISSUE:

Is marking the polyethylene bags sufficient?

LAW AND 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. must be marked so as to indicate its country of origin to the ultimate purchaser in the U.S.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. One of the principal exceptions, set forth at 19 U.S.C. 1304(a)(3)(D) and correspondingly, at 19 CFR 134.32(d), provides that an imported article may be excepted from marking if the marking of its container will reasonably indicate the origin of the article.

Customs has interpreted this exception such that it may be approved if Customs officials are satisfied that in all foreseeable circumstances the article will reach the ultimate purchaser in its original, properly marked, unopened container. In this case, we agree with your position that physicians receiving the anatomical models are the ultimate purchasers of the articles. Headquarters Ruling Letter 731324 (September 30, 1981)(physicians treated as ultimate purchasers of display models distributed by pharmaceutical companies) is aptly cited.

Inasmuch as physicians are the ultimate purchasers, the remaining question is whether the marking on the polyethylene bags is sufficient. Provided that Customs officials are satisfied that the models will reach the physicians in unopened, properly marked bags, the models may be excepted from individual marking pursuant to 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d).

HOLDING:

Subject to the proviso above, marking anatomical models on plastic bags in which they are imported will satisfy the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

John Durant
Director, Commercial

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