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NY 816658




November 28, 1995

MAR-2 RR:NC:TP:221 816658

CATEGORY: MARKING

Mr. Richard Miller
Recoton
2950 Lake Emma Road
Lake Mary, Florida 32746

RE: THE COUNTRY OF ORIGIN MARKING OF AUDIO CASSETTE CASES FROM CHINA.

Dear Mr. Miller:

In your letter dated November 8, 1995, you requested a country of origin marking ruling.

The audio cassette cases, also known as jewel cases, are made in China and will be empty at the time of importation. After importation, the cases will be used to package header cleaner cassettes made in the United States.

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.

Section 134.24(b), Customs Regulations [19 CFR 134.24(b)], provides that disposable containers, not designed for 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.

The packers of the audio cassette cases are considered to be the ultimate purchasers of the cases. Therefore, the cases 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 audio cassette cases, 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter or the control number indicated above should be attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Joan Mazzola at 212-466-5580.

Sincerely,

Roger J. Silvestri
Director
National Commodity

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