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NY B85994

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June 19, 1997

MAR-2 RR:NC:2:234 B85994

CATEGORY: MARKING

Mr. Martin J.Kest
National Pulp & Paper Co., Inc.
3010 Westchester Avenue
Purchase, New York 10577

RE: The Country of Origin Marking of Imported Paper, from Norway.

Dear Mr. Kest:

This is in response to your letter dated June 9, 1997, requesting a ruling on whether a proposed marking of imported paper from Norway is an acceptable country of origin marking, in view of certain circumstances which you describe.

An importation of paper is contemplated, the paper to be shipped in rolls, which will be wrapped, the wrapper to be marked "Made in Norway".

The end use of this paper is for the manufacture of floor tiles in the United States, and the sealed container (containing the wrapped, marked, rolls) will be shipped directly to the floor tile manufacturing plant. The paper will then be cut to specific sizes and glued to the floor tiles.

Your customer needs to have each individual tile identified as being produced in the U.S. and therefore has requested that the actual paper have an overall print "Made in the USA", which will then be attached to the finished product so the tile can be identified by the final user as being produced in the U.S.

You ask whether under these circumstances it will be acceptable for the paper manufacturer in Norway to have the paper itself printed "Made in USA".

If this cannot be done, you ask if it would be acceptable to have the paper printed "Tiles produced in the USA". (The outer wrapper itself for the rolls of paper would in this case continue to be marked "Made in Norway".)

Section 11.13 (a), Customs Regulations (19 CFR 11.13 (a)), reads, pertinently:

Articles which bear...false designations of origin...are prohibited importation...and shall be detained.

There are not, in this Regulation, allowances for exemptions due to circumstances, such as the identity of an ultimate purchaser in the United States, or the effect of subsequent manufacturing processes to be employed.

Paper, made in Norway, imported bearing the printed words "Made in the U.S.A.", would, in our view, fall within the purview of Section 11.13 (a), and be prohibited.

However, your proposed alternative printing on the paper, "Tiles produced in the USA", would not bring the paper within the scope of this Regulation.

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. (emphasis supplied)

In the circumstances you have described, your customer, the tile manufacturer, will be considered to be the "ultimate purchaser in the United States" of the imported paper, and your proposed marking of the containing roll wrapper, "Made in Norway", will be considered legal marking of paper printed "Tiles produced in the USA", if the appropriate Customs officials at the port of entry are satisfied as to its conspicuousness, legibility and permanence.

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 Carl Abramowitz at 212-466-5733.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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