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NY A87497

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October 8, 1996

MAR-2 RR:NC:FC:236 A87497

CATEGORY: MARKING

Mr. Marcio F. Fajardo
Meston and Brings, Inc.
1000 Second Avenue
Suite 3350
P.O. Box 24363
Seattle, WA 98124

RE: THE COUNTRY OF ORIGIN MARKING OF Bars of Soap from Mexico

Dear Mr. Fajardo:

This is in response to your letter dated September 3, 1996, on behalf of your client New World Imports, Inc., requesting a ruling on whether the proposed method, that is, marking the container in which the soaps are imported with the country of origin in lieu of marking the article itself, is an acceptable country of origin marking for imported soaps. A marked sample was not submitted with your letter for review.

In your letter, you stated that the soaps will be shipped in master cartons labeled: Made in Mexico. You also state that the soaps are being sold to penal and hospital institutions in master cartons only and that the ultimate users are captive individuals who receive single units of soap at no charge. The individual bars are marked as follows:

FRESHSCENT

Antibacterial
Deodorant Soap
Active ingredients: Triclocarbon
New World Imports, Inc.
Nashville, TN 37203
No. 1

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. The "ultimate purchaser" of an imported article is broadly defined in 19 U.S.C. 1304(a) as the last person in the United States who will receive the article in the form in which it was imported. It is not feasible to state who will be the ultimate purchase in every circumstance; however, if the imported article is distributed as a giveaway, the recipient is considered to be the ultimate purchaser within the meaning of 19 U.S.C. 1304 (a).

An exception to the country of origin marking requirements cannot be granted in the situation you describe. Accordingly, the soaps must be individually marked: Made in Mexico.

In order to comply with Customs Regulations (19 CFR 134.46), Made in Mexico must appear legibly and permanently on each individual bar, in at least a comparable size and in close proximity to the words: Nashville,TN 37203.

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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