NY 895854 - The country of origin marking requirements for a bib tie and a ticket holder from Taiwan. - United States International Trade Commision Rulings

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NY 895854

April 5, 1994

MAR-2-39:S:N:N6:221 895854

CATEGORY: MARKING

Mr. Peter Atwood
Atwood Enterprises
P.O. Box 444
5 Mountain View Road
Fryeburg, Maine 04037

RE: The country of origin marking requirements for a bib tie and a ticket holder from Taiwan.

Dear Mr. Atwood:

In your letter dated March 8, 1994, you requested a country of origin marking ruling.

The bib tie is used to hold a paper ski racing bib to a skier's chest. The bib tie is composed of a small plastic hook to which a string is attached. The hook is attached to the skier's jacket and the string is used to perforate and hold the racing bib to the chest. The bib ties are not sold to the public. The sample bib tie is marked "Taiwan" in raised letters.

The ticket holder is provided to patrons when they purchase an extended computerized ski lift ticket. The ticket holder is comprised of a plastic latch and reel from which a string can be pulled. The latch and reel is designed to be attached to the ski jacket and the string has a snap at the end to secure the ticket. The ticket holder is marked with a small sticker that says "Made in Taiwan, R.O.C." The face of the ticket holder is also marked with the words "Big Sky Montana."

You inquired whether such marking meets the country of origin marking requirements. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that all articles of foreign origin imported into the United States must be legibly and conspicuously marked to indicate the country of origin to an ultimate purchaser in this country, unless certain exemptions are applicable.

Section 304 (a)(3)(H) provides that if an ultimate purchaser, by reason of the circumstances of the importation, necessarily knows the country of origin of the article, the article need not be marked to indicate its origin. The ski resort or area, rather than the individual skier, is the ultimate purchaser of the bib tie. Therefore, the bib ties may be excepted from individual marking pursuant to 19 U.S.C. 1304 (a)(3)(H), provided that the outer cartons are marked so that the ski resort business may know the country of origin.

The ultimate purchaser of the ski ticket holder, however, is the skier. Therefore, the ticket holder must be conspicuously and legibly marked with the country of origin. The marking on the ticket holder is not legible or conspicuous. While the marking sticker itself is located in a conspicuous place, the printing is too small to be readily seen or read. We suggest you mark the sticker with simply the name of the country, "Taiwan," in letters as large as the sticker allows.

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 already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Acting Area Director

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