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NY B83838




April 10, 1997

MAR-2-05:RR:NC:1:115 B83838

CATEGORY: MARKING

Mr. Robert L Gardenier
M.E. Dey & Co.
5007 South Howell Avenue
P.O. Box 37165
Milwaukee, WI 53237-0165

RE: The country of origin marking requirements for reachers from England.

Dear Mr. Gardenier:

In your letter dated March 26, 1997, you requested a ruling on the country of origin marking requirements for reachers.

The subject items are reachers which are long-handled gripping devices that are activated by squeezing a trigger. They are used for dressing, pulling curtains or to pick up items in lounges, kitchens, etc., for those with difficulty in bending or reaching up or outwards. They are also used for picking up litter or collecting garden refuse. The reachers will be sold in a plastic bag through catalogues.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States.

Section 134.44 (b), Customs Regulations (19 CFR 134.44 (b)), addresses the marking requirements for paper stickers. If paper stickers or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. This regulation would apply to your circumstance.

Section 134.32 of the Customs Regulations (19 CFR 134.32) provides for general exceptions to marking requirements. In your particular instance, subsection (d) does not apply which provides for the exception to the marking requirements for articles for which the marking of the containers will reasonably indicate the origin of the articles. These items will be sold on the retail level and the ultimate consumer must be made aware of its country of origin.

As you have suggested, a sticker with the country of origin on a sealed plastic container would satisfy the country of origin marking requirements. Accordingly, if the Port Director is satisfied that the items will remain in their containers until they reach the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the articles by viewing the containers in which they are packed, the reachers themselves would be excepted from marking.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 Melvyn Birnbaum at 212-466-5487.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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