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NY A81307

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April 11, 1996

MAR-2-68:RR:NC:GI:226 A81307

CATEGORY: MARKING

Ms. Renee Sonn
Renee Sonn, C.H.B.
15215 52nd Avenue South, Suite 11
Seattle, Washington 98188

RE: The proper country of origin marking for stone tiles

Dear Ms. Sonn:

In your letter dated March 7, 1996, on behalf of Marquez Inc. (a.k.a. Oregon Tile and Marble), you inquired regarding the proper country of origin marking for stone tiles.

You indicated that your client will import boxes containing ten tiles each. The country of origin will be stamped across the lid of each box. Your ruling request raises the following question. Is the marking of the boxes sufficient or must each tile be marked individually?

The marking statute (19 USC 1304; Section 304 of the Tariff Act of 1930 as amended) and Part 134 of the Customs Regulations (19 CFR Part 134) indicate that every item imported into the United States must be marked with the country of origin in a legible, indelible, permanent and conspicuous manner. The marking must indicate the English name of the country of origin to the ultimate purchaser of the merchandise.

Under 19 USC 1304 and 19 CFR Part 134.32(d), an article is excepted from the marking requirements when the marking on the container will reasonably indicate the country of origin to the ultimate purchaser of the product. When Customs is satisfied that the ultimate purchaser will receive the merchandise in a container which is marked with the country of origin, the marking of the container is sufficient.

In this instance the marking of the boxes would be acceptable only if the ultimate purchaser of the merchandise receives the products in these containers. If any tiles will be sold outside of the boxes, these items must be marked individually.

The marking of the boxes will be acceptable only if your client furnishes proof at the time of entry which indicates that the merchandise is sold to the ultimate purchasers in the marked boxes. This proof must be furnished to the port director at the port of entry. The port director must be satisfied that the ultimate purchaser will receive the marked boxes. If individual tiles are sold by your client or resold by his customers, the marking of the boxes alone would not be sufficient.

At the time of entry, your client should present letters from all of his customers. Each letter should state that the customer is the ultimate purchaser of the box of ten tiles and should describe the manner in which he or she will use the tiles. Each letter should indicate whether the customer will resell any of the tiles outside of the box. The proof which you submit must satisfy the port director at the port of entry.

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.

If you have any questions regarding the ruling, contact National Import Specialist Jacob Bunin at 212-466-5796.

Sincerely,

Roger J. Silvestri
Director,

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