HQ 560058 - Country of origin marking of glassware; clarification of New York Ruling A83256 - United States International Trade Commision Rulings

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HQ 560058

March 19, 1997
MAR-05 RR:TC:SM 560058 BLS

CATEGORY: MARKING

Director
National Commodity Specialist Division
New York, New York 10048

RE: Country of origin marking of glassware; clarification of New York Ruling A83256

This is in reference to a letter dated August 30, 1996, from Sandler, Travis & Rosenberg, on behalf of Princess House, Inc., requesting a clarification of New York Ruling Letter A83256 (NY A83256), dated May 22, 1996, concerning country of origin marking of certain glassware. The record reflects that the merchandise is currently being entered into the U.S.

FACTS:

The merchandise is sold at home demonstration parties in the U.S. According to the facts as reported in NY A83256, the party hostess removes the boxes containing the articles from the cartons in which they are packed and then sells the articles to consumers in these boxes, which are marked with the country of origin. In that ruling, we held that the articles of glass which are sold at home demonstration parties are excepted from the individual marking requirements of section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provided Customs is satisfied that the ultimate purchaser of the articles will receive the goods in a container which is marked with the country of origin. See 19 CFR 134.32(d).

In our response to counsel for the importer, we also stated the following:

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. Your client must submit proof of his claim that the products are sold exclusively to consumers at home demonstration parties and that all products are sold to these consumers 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.

The importer is of the opinion that this condition imposed by NY A83256 is mandated neither by statute or regulation, and accordingly, the ruling should be modified by deleting this language requiring such proof of sale. The importer states that the only proof which could be offered is contained in the original ruling request, which sets forth the facts of the transactions. In addition, the importer notes that the facts as reported in NY A83256 are inaccurate for the reason that the products are not sold when they are received, but rather are sold beforehand through orders placed at the home distribution parties. When the orders are filled, the goods are shipped in the individually marked containers to the party hostess who then distributes them to the customers in the boxes which indicate product name and/or model number and country of origin.

ISSUE:

Whether the glassware will be excepted from the individual country of origin marking requirements based upon the marking of its immediate container.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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 134.32(d), Customs Regulations (19 CFR 134.32(d)), provides that articles for which the marking of the containers will reasonably indicate the origin of the articles are exempt from the requirement of individual country of origin marking.

Based on the stated facts, Customs found in NY A83256 that the ultimate purchaser receives the glass products in the boxes properly marked with the country of origin. Therefore, section 134.32(d) will be applicable and the articles will be
exempt from the individual marking requirements.

However, the concerned Customs officer at the port through which entry is made may request additional information through various means, such as a Customs Form (CF) 28, with respect to any matter related to proper entry of the merchandise including country of origin marking. It is noted in this regard that importers have an obligation to provide information to the appropriate Customs officer to correct any statements made in an entry that are untrue or incorrect. See 19 U.S.C. 1485(a)(3) and

Accordingly, as applied to the instant case, the concerned Customs officer at the time of entry may request additional information that the facts as represented in the ruling have not changed and that the glassware is sold to the ultimate purchasers in the marked boxes. The making of such request for additional information upon entry is within the discretion of the port director. However, in order to avoid delays in the release of imported goods, it is to the importer's benefit to be prepared, prior to importation, to provide proof of the facts upon which the marking exception has been based.

Therefore, in view of the foregoing circumstances, the statement in NY A83256 that certain unspecified information be furnished at the time of entry in support of the representations of fact, is unnecessary. Importers may rely on Customs administrative rulings issued pursuant to 19 CFR Part 177 only to the extent that the facts presented therein accurately reflect the import transaction. As noted, however, additional information related to the transaction may be requested by the concerned Customs officer at the involved port if questions arise as to the factual basis for the decision.

HOLDING:

Glassware sold through orders placed at home demonstration parties and delivered to the ultimate purchasers in boxes properly marked with the country of origin are excepted from the individual marking requirements pursuant to 19 U.S.C. 1304(a)(2)(D) and 19 CFR 134.32(d). However, the statement in NY A83256 that the importer must provide additional unspecified evidence of the transactions at each port of entry in support of representations that the ultimate purchasers will receive the articles in gift boxes is unnecessary as it is within the discretion of the local ports to specify what is needed to support facts presented in the entry and in Customs
rulings, including those rulings relating to country of origin marking requirements.

Therefore, NY A83256 is clarified by deleting the condition which requires the importer to provide, prior to request from the local ports, additional evidence to support the facts stated in the ruling. In addition, the facts stated in NY A83256 are clarified to reflect that the glassware is sold to customers on orders made at the time of home demonstration parties prior to when the merchandise is actually imported.

Please provide a copy of this decision to Sandler, Travis & Rosenberg, P.A., at
5200 Blue Lagoon Drive, Miami, Florida, 33126-2022.

Sincerely,

John Durant,

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