NY 883168 - The country of origin marking of plastic rings for containers. - United States International Trade Commision Rulings

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NY 883168

March 17, 1992

CLA-2-39:S:N:N6:221 883168

CATEGORY: MARKING

Ms. Kathryn A. Ford
Durand International
Executive Offices
Millville, New Jersey 08332

RE: The country of origin marking of plastic rings for containers.

Dear Ms. Ford:

In your letter dated February 23, 1993, you requested a country of origin marking ruling.

In your letter you state that you will import plastic rings or seals made in France. The plastic rings are designed to snap onto glass lids for jars that are made in the United States. The jars will then be sold to your customer who will use them for candles. You are concerned that by marking the rings "France," you will mislead the purchaser into thinking that the candles are made in France. You have requested that the marking be waived.

The primary purpose of the country of origin marking statute is to assure that the goods are marked so that the ultimate purchaser may know where the goods were produced. The "ultimate purchaser" is generally the last person in the United States who will receive the article in the form in which it was imported.

In this instance, the ring does not lose its identity when it is snapped onto the lid. The ultimate purchaser of the ring, therefore, is not Durand International, but rather the company which will package the candles into the jars. Country of origin marking requirements can be waived only if the containers in which the rings are imported are marked with the country of origin, and the District Director of the port at which you make entry is satisfied by the nature of the transaction, or by documentary evidence, that the final purchaser will know the country of origin.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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