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NY A83256

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May 22, 1996

MAR-2-70:RR:NC:GI:226 A83256

CATEGORY: MARKING

Mr. Leonard Rosenberg
Sandler, Travis and Rosenberg
5200 Blue Lagoon Drive
Miami, Florida 33126-2022

RE: The proper country of origin marking for glassware

Dear Mr. Rosenberg:

In your letter dated April 19, 1996, on behalf of Princess House, Inc., you inquired regarding the proper country of origin marking for various articles of glass.

You indicated that your client will import the merchandise in boxes and that each box will be marked with the country of origin of the merchandise. According to your letter, the articles will only be sold at home distribution parties. At these parties the merchandise will be sold to consumers in the boxes. Your ruling request raises the following question. Does the marking statute require that the glass articles be marked with the country of origin or is the marking of the boxes sufficient to satisfy the country of origin marking requirements?

In a telephone conversation, Ms. Jo Harris of your office indicated that each item will be imported in a box which is marked with the country of origin. In the United States these boxes will be placed in larger cartons which will then be sent to the party hostesses. According to Ms. Harris, the hostesses will remove the marked boxes from the cartons at the home distribution parties. The articles will then be sold to the consumers in the marked boxes.

The marking statute (19 USC 1304; Section 304 of the Tariff Act of 1930 as amended) and Part 134 of the Customs Regulations (19 CFR Part 134) indicate that every item imported into the United States must be marked with the country of origin in a legible, indelible, permanent and conspicuous manner. The marking must indicate the English name of the country of origin to the ultimate purchaser of the merchandise.

Under 19 USC 1304 and 19 CFR Part 134.32(d), an article is excepted from the marking requirements when the marking on the container will reasonably indicate the country of origin to the ultimate purchaser of the product. When Customs is satisfied that the ultimate purchaser will receive the merchandise in a container which is marked with the country of origin, the marking of the container is sufficient.

In this instance the marking of the boxes would be acceptable if the ultimate purchaser of the merchandise receives the products in these containers. If any products will be sold outside of the boxes, these items must be marked individually.

The marking of the boxes will be acceptable only if your client furnishes proof at the time of entry which indicates that the merchandise is sold to the ultimate purchasers in the marked boxes. Your client must submit proof of his claim that the products are sold exclusively to consumers at home distribution parties and that all products are sold to these consumers in the marked boxes. This proof must be furnished to the port director at the port of entry. The port director must be satisfied that the ultimate purchaser will receive the marked boxes.

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.

If you have any questions regarding the ruling, contact National Import Specialist Jacob Bunin at 212-466-5796.

Sincerely,

Roger J. Silvestri
Director,

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