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NY 803371




October 26, 1994

MAR-2 S:N:N6:221 803371

CATEGORY: MARKING

Ms. Pamela Pinter
Big Apple Customs Brokers, Inc.
151-02 132nd Avenue
Jamaica, New York 11434

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED PERFUME BOTTLE CAPS.

Dear Ms. Pinter:

This is in response to your letter dated October 3, 1994, on behalf of Beatrice Caboche, DBA Le Gift, requesting a ruling on whether imported perfume bottle caps are required to be individually marked with the country of origin.

The caps will be imported in bulk packages containing 750 caps per carton. After importation, the caps will be sold to toiletry manufacturers or fillers, who will fill perfume bottles and affix the caps. You suggest that marking the bulk cartons in which the caps are imported will satisfy the country of origin marking requirements. A marked sample was not submitted with your letter for review.

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 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(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), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported.

The primary purpose of the country of origin marking statute is to "mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297, 302, C.A.D. 104 (1940). In this instance, the final purchaser of the caps is the company that fills the perfume bottles and attaches the caps to the bottles. Provided that the lids will reach the ultimate purchaser in the cartons marked with the country of origin, individual marking of the caps can be waived if the District Director at the port of entry is satisfied that by the nature of the transaction, or by documentary evidence, the final purchaser will know the country of origin.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

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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