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NY C82591




December 15, 1997

MAR-2 RR:NC:MM:113 C82591

CATEGORY: MARKING

Ms. Joy Lyn Antunes
Norman Krieger, Inc.
5761 W. Imperial Hwy.
Los Angeles, CA 90045

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED PENS

Dear Ms. Antunes:

This is in response to your letter received December 9, 1997, on behalf of Marketing Innovations International requesting a ruling on whether the proposed marking satisfies the marking requirements if the sealed disposable container in which you import the article is marked with the country of origin "Made in Taiwan" but no markings appear on the article itself. A marked sample was submitted with your letter for review.

The merchandise is a ball point pen. You propose, at time of importation, to have the pens sealed in a heat-seal polybag imprinted with the words "Made in Taiwan."

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 134.41(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 imported pens is the consumer who purchases the product at retail.

Pursuant to 19 CFR 134.32(d), you may mark the container or packaging, instead of the individual articles, if this marking will reasonably indicate to the ultimate purchaser the country of origin of each article, and provided that the individual articles do not bear any words, letters, names, or symbols described in sections 134.46 or 134.47, Customs Regulations (19 CFR 134.46- 134.47), such as U.S. addresses, which imply that they were made or produced in a country other than the actual country of origin. The marking of the bag alone is sufficient if the district director is satisfied that the article will reach the ultimate purchaser in the marked bag and the article contains no misleading markings.

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 James Smyth at 212-466-2084.

Sincerely,

Robert B. Swierupski
Director

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