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NY 894785




March 7, 1994

MAR-2-73:S:N:N3:113 894785

CATEGORY: MARKING

Mr. Philip Ozer
Ace Merchandise Corp.
17211 S. Valley View Ave.
Cerritos, CA 90701-2414

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED COOKWARE

Dear Mr. Ozer:

This is in response to your letter dated February 14, 1994, requesting a ruling on whether the proposed method of marking the container in which the cookware is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported cookware. A marked sample container was/was not submitted with your letter for review.

The merchandise consists of a set of cookware containing 26 items. These items include 3 saucepans with covers, a covered skillet, a double boiler, 6 egg poacher cups, a poacher rack, an 8-piece utensil set and a covered Dutch oven. It will be imported in a carton imprinted with the marking "Made in Korea" on the side in letters of about one inch in height.

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.

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. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the cookware is the consumer who purchases the product at retail. An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the cookware by viewing the container in which it is packaged, the individual cookware items would be excepted from marking under this provision.

These items, which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the cookware is imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported cookware provided the district director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

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

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