United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1995 NY Rulings > NY 806350 - NY 806477 > NY 806359

Previous Ruling Next Ruling
NY 806359

---

February 15, 1995

MAR-2-39:S:N:N6:221 806359

CATEGORY: MARKING

Ms. Ann Williams
A.N. Deringer, Inc.
173 W. Service Road
Champlain, NY 12919

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED PLASTIC RINGS AND SLINGS FROM CANADA

Dear Ms. Williams:

This is in response to your letter dated December 11, 1994, and received in this office on January 26, 1995, on behalf of Le Baron Distributors, requesting a country of origin marking ruling. Samples of each were submitted with your letter for review.

The slings and rings are packaging devices used to attach premium items onto wine or liquor bottles. The slings and rings will be imported empty and sold to wineries, distilleries, liquor stores or agents for such distributors. The distributors will package the rings and slings with premium items. A classification ruling was provided for this merchandise in NY Ruling 803555 of November 16, 1994.

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. Section 134.1(d), Customs Regulations [19 CFR 134.1(d)], defines "ultimate purchaser" as "generally the last person in the United States who will receive the article in the last form in which it was imported."

Section 134.24 (b), Customs Regulations [19 CFR 134.24(b)], provides that disposable containers,, not designed or capable of reuse, which are imported empty and packed and sold in multiple units, need not be individually marked with the country of origin. The marking requirements may be met by marking the outermost container which reaches the ultimate purchaser.

In this instance, the packers of the rings and slings are considered to be the ultimate purchasers. Therefore, the rings and slings may be excepted from individual marking provided the shipping containers in which they are imported are marked to indicate the country of origin of the rings and slings, and the Customs officers at the port of entry are satisfied that the shipping containers will reach the ultimate purchaser unopened.

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

Previous Ruling Next Ruling