NY A81811 - COUNTRY OF ORIGIN MARKING OF IMPORTED White Unfinished Candle - United States International Trade Commision Rulings

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NY A81811

November 13, 1996

MAR-2 RR:NC:FC:236 A81811

CATEGORY: MARKING

Mr. John Hettrich
Waxworks
850 Airport Street #8
Moss Beach, CA 94038

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED White Unfinished Candle

Dear Mr. Hettrich:

This is in response to your letter dated March 27, 1996, requesting a ruling on whether the proposed method of marking the container in which the Candle is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported Candle. A marked sample container was not submitted with your letter for review.

Your inquiry concerns the marking requirement for raw (white unfinished) candles in bulk imported from Germany. In your letter dated March 27, 1996, it was stated that the candle will be shipped on pallets, shrink wrapped with thick plastic. On the plastic are markings "Made in Germany." You also state in your letter that you are the "ultimate purchaser," and after receiving the raw candles they are further manufacture by hand dipped in clear hard wax to seal the pores and to smooth out irregularities. The candles are allowed to set up for about 45 minutes. The candle are then hand dipped from both sides three times per side (with drying periods between the dips) in hot wax that is colored with pigments. The candle are then packaged and sold to retail establishments.

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 Candles is the public and not the candle manufacture. Accordingly, the candle will have to be individually marked, as we have ruled that the ultimate purchaser of the candle is the public.

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 Candle by viewing the container in which it is packaged, the individual Candle would be excepted from marking under this provision.

Candle 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 Candle are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported Candles 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 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 V. Gualario at 212-466-5744.

Sincerely,

Roger J. Silvestri
Director

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