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NY 897886





May 18, 1994

MAR-2:S:N:N6:351 897886

CATEGORY: MARKING

Mr. Michael P. Conroy
Voyager Emblems Inc.
3707 Lockport Road
Sanborn, NY 14132

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED EMBLEMS WHICH ARE TO BE AFFIXED TO CAPS OR GARMENTS

Dear Mr. Conroy:

This is in response to your letter dated March 23, 1994, with additional information provided in your letter of May 3, 1994, requesting a ruling on whether the proposed method of marking the container in which the emblems are imported with the phrase "Made in Canada" in lieu of marking the article itself is an acceptable country of origin marking for the imported emblems. A marked sample container was not submitted with your letter for review.

You indicate in your letters that Voyager intends to import emblems, which we assume are embroidered patches of the type normally sewn to garments or hats, from Canada. The containers in which the emblems are imported will be marked "Made in Canada," but the emblems themselves will not be individually marked to indicate the country of origin. You state that you do not re-package the emblems, but that the containers will be delivered intact to customers to whom you re-sell the emblems, and who will affix the emblems to caps or garments. You also state that the commercial invoices which you will send to your customers will state that the emblems are "Crafted in Canada of Canadian Materials."

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 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.

The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the interim amendments to the Customs Regulations published as T.D. 94-4 (59 Fed. Reg. 109, January 3, 1994) with corrections (59 Fed. Reg. 5082, February 3, 1994) and T.D. 94-1 (59 Fed. Reg. 69460, December 30, 1993). These interim amendments took effect on January 1, 1994 to coincide with the effective date of the NAFTA. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in T.D. 94-4 (adding a new Part 102, Customs Regulations). The marking requirements of these goods are set forth in T.D. 94-1 (interim amendments to various provisions of Part 134, Customs Regulations).

Section 134.45(a)(2) of the interim regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the interim regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.

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) of the interim regulations, provides that the ultimate purchaser of a good of a NAFTA country is the last person in the United States who purchases the good in the form in which it was imported. In your case, a customer to who you re-sell the emblems and who affixes these emblems to caps or garments is considered the ultimate purchaser.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the emblems by viewing the container in which it is packaged, the individual emblems would be excepted from marking under this provision.

Emblems which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the emblems are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported emblems provided the district director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. 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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