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NY C82233




December 19, 1997

MAR-2 RR:NC:2:226 C82233

CATEGORY: MARKING

Ms. Karen Cecca
MSAS Customs Logistics Inc.
150 Eastern Avenue
Suite 100
Chelsea, MA 02150

RE: THE COUNTRY OF ORIGIN MARKING OF GLASS EGGS

Dear Ms. Cecca:

This is in response to your letter, which was received by this office on December 3, 1997, on behalf of your client, Sandor Collection, requesting a ruling on the proposed country of origin marking of glass eggs.

You indicated that your client will import hand blown glass eggs from Romania. In a telephone conversation with this office, you stated that the eggs will be imported in an outer carton which is marked with the country of origin. You stated in your letter that your client will repackage the eggs for retail sale in the United States.

In your letter, you ask for our recommendations as to an acceptable form of country of origin marking for the glass eggs. A prototype box with a sample sticker which reads "Contents Made in Romania" was submitted.

Each glass egg must be marked to comply with Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), which 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 retail purchaser is the ultimate purchaser(consumer).

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Under 19 USC 1304 and 19 CFR 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 with a sticker label would be acceptable if the ultimate purchaser of the merchandise receives the products in these containers. If the products will be sold outside of the boxes, these items must be marked individually.

The marking of the boxes with the sticker label will be acceptable if the port director at the port of entry is satisfied that the ultimate purchaser will receive the marked boxes. The port director may request proof which indicates that the merchandise is sold to the ultimate purchaser in 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 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 Jacob Bunin at 212-466-5796.

Sincerely,

Robert B. Swierupski
Director,

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