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NY C84032




February 13, 1998

MAR-2 RR:NC:SP:221 C84032

CATEGORY: MARKING

Ms. Maxine Hesse
El Mar Plastics, Inc.
840 E. Walnut Street
Carson, CA 90746

RE: THE COUNTRY OF ORIGIN MARKING OF CD BOXES and TRAYS AND FLOPPY DISK BOXES.

Dear Ms. Hesse:

In your letter of February 2, 1998, you requested a country of origin marking ruling.

Four samples were submitted with your letter. Two of the samples are plastic jewel cases with plastic trays that can be used to package compact discs and compact disc head cleaners. The third sample consists of a plastic CD jewel case with a plastic tray designed to package cutting blades. The trays and cases of these three products are imported separately and will be assembled by the manufacturers of the compact discs, head cleaners and blades, which are made in the United States. The fourth sample is a plastic box which will be used to package 3.5" floppy disks. This plastic box is also imported empty.

The jewel cases, trays and boxes are not marked with the country of origin. However, the corrugated shipping boxes in which they are imported will be marked. You ask whether this marking is sufficient to meet the country of origin marking requirements.

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.

Section 134.24(b), Customs Regulations [19 CFR 134.24(b)], provides that disposable containers, not designed for or capable of reuse, which are imported empty and packed and sold in multiple units, need not be individually marked with the country of origin. The marking requirements may be met by marking the outermost container which reaches the ultimate purchaser.

The packers of jewel cases, trays and floppy disk boxes are considered to be the ultimate purchasers of the cases and boxes. Therefore, the cases, trays and boxes may be excepted from individual marking provided the shipping containers in which they are imported are marked to indicate the country of origin of the cases, trays and boxes, and the Customs officers at the port of entry are satisfied that the shipping containers will reach the ultimate purchaser unopened.

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 Joan Mazzola at 212-466-5580.

Sincerely,

Robert B. Swierupski
Director,

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