NY A88076 - COUNTRY OF ORIGIN MARKING OF IMPORTED COLLECTOR'S WORLD WAR II FOOT POWDER CANS - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1997 NY Rulings > NY A88042 - NY A88093 > NY A88076

Previous Ruling Next Ruling
NY A88076

Oct 23 1996

MAR-2 RR:NC:2:240 A88076

CATEGORY: MARKING

Mr. Samuel B. Gumbs
O'Neill & Whitaker, Inc.
30 Vesey Street
New York, NY 10007

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED COLLECTOR'S WORLD WAR II FOOT POWDER CANS

Dear Mr. Gumbs:

This is in response to your letter dated September requesting a marking ruling on a Collector's World War II Foot Powder Can, on behalf of your client Rovito International Trading B.V. A sample of the Collector's World War II Foot Powder Can was submitted with your letter.

Your inquiry concerns the marking regulations pertaining to the importation of the Collector's World War II Foot Powder Can. The article, a Collector's World War II Foot Powder Can, is packed in a brass colored oval metal can. The foot powder was used during World War II, and will be sold as a collector's item.

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 134.32 (D) pertains to the general exceptions to the marking requirements. Articles which were produced more than 20 years prior to their importation to the United States are excepted from marking pursuant to Section 134.32 (i). However, the marking of the outer container is required to be marked under Section 134.22 . When an article is excepted from the marking requirements by subpart D of Section 134, the outermost container or holder in which the articles ordinarily reaches the ultimate purchaser shall be marked to indicate the country of origin if the article whether or not the article is marked to indicate its country of origin. 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 Collector's World War II Foot Powder Can 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 Collector's World War II Foot Powder Can by viewing the container in which it is packaged, the individual World War II Foot Powder Can would be excepted from marking under this provision.

World War II Foot Powder Cans 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(i). Accordingly, marking the container in which the 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 Collector's World War II Foot Powder Cans 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 Stephanie Joseph at 212-466-5768.

Sincerely,

Roger J. Silvestri
Director

Previous Ruling Next Ruling