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NY 814645




September 22, 1995

MAR-2 R:N3:221 814645

CATEGORY: MARKING

Mr. Peter Borradale
ASL Customs Services Pty, Ltd.
P.O. Box 14056
Melbourne Mail Centre
Melbourne, Victoria, Australia 3001

RE: Country of origin marking of drink carriers produced in Australia.

Dear Mr. Borradale:

This is in response to your letter dated September 12, 1995, on behalf of Oceanways Pty Ltd., requesting a ruling on the country of origin for marking purposes of imported drink carriers. 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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The country of origin for marking purposes is defined at 134.1(b), Customs Regulations (19 CFR 134.1(b), to mean the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the country of origin within the meaning of part 134. A substantial transformation occurs when an article loses its identity and becomes a new article having a new name, character or use.

The drink carriers are manufactured in Australia from polyethylene granules which are imported from the United States. The granules are substantially transformed in Australia. Australia is considered to be the country of origin of the drink carriers.

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

A copy of the ruling or the control number indicated above should be provided with 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

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