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NY C87153




May 8, 1998

MAR-2 RR:NC:1:105 C87153

CATEGORY: MARKING

Mr. Craig R. Parks
Jedmed Instrument Company
5416 Jedmed Ct.
St. Louis, MO 63129-2217

RE: Country of Origin on Surgical Instruments imported from New Zealand

Dear Mr. Parks:

This is in response to your letter dated April 22, 1998, requesting a ruling on whether it is acceptable to mark the container in which imported plastic, ear wax curettes are repackaged in the U.S. with the country of origin in lieu of marking the article itself when no other markings appear on the article itself. A sample of the label to be attached to the product was submitted with your letter for review.

In our telephone conversation you stated that the curettes will be imported in bulk of 1,000 units and will be repacked in the United States in packages of 25 units for retail sale. By this, we understand that, to your knowledge, the last sale of the curettes will be in sealed packages containing 25 curettes. You also stated that a label like the one shown below stating the country of origin "Made in
New Zealand" will be affixed to the packages.
(Note: The background of the actual label is white, not gray as it appears on this letter.)

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 plastic ear wax curettes is the consumer who purchases the product at retail.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. However, since the curettes are not imported in their marked retail container, whether the subject articles are excepted from individual marking under 19 CFR 134.32(d) is for the port director to decide. In this regard section 134.34, Customs Regulations (19 CFR 134.34), provides that an exception may be authorized in the discretion of the port director under 19 CFR 134.32(d) for imported articles which are to be repacked after release from Customs custody under the following conditions: (1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S.; (2) The importer arranges for supervision of the marking of the containers by Customs officers at the importer's expense or secures such verification, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry.

In this case, assuming that the port director is satisfied that the imported curettes will be repacked in the manner described above, and that the other conditions set forth in 19 CFR 134.34 are met, the port director may authorize an exception under 19 CFR 134.32(d), in which case marking of the imported plastic ear wax curette will not be required.

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 Sheridan at 212-466-5669.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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