NY E83483 - COUNTRY OF ORIGIN MARKING OF IMPORTED HANDKERCHIEFS - United States International Trade Commision Rulings

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NY E83483

July 15, 1999

MAR-2 RR:NC:3:353 E83483

CATEGORY: MARKING

Mr. John B. Pellegrini
Ross & Hardies
Park Avenue Tower
65 East 55th Street
New York, NY 10022-3219

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED HANDKERCHIEFS

Dear Mr. Pellegrini:

This is in response to your letter dated June 17, 1999, on behalf of Paris Accessories, requesting a ruling on whether proposed methods of marking handkerchiefs are an acceptable country of origin marking. There are two instances where containers in which the handkerchiefs are imported are marked with the country of origin in lieu of marking the article itself, and two instances where the article itself is marked with the country of origin, but the sealed or unsealed disposable container in which the article is imported is not marked. A sample of each type of proposed marking was submitted for review with your letter. The submitted samples will be returned to you.

The merchandise consists of packages of men’s handkerchiefs made in the Czech Republic and/or China. There are four different packaging variations.

The first package is a box of four rolled cotton handkerchiefs. The packaging consists of a paperboard box with a paperboard cover underneath and a clear plastic cover. The paperboard and plastic are held together by a plastic stretch band and the boxes are sold in this condition at retail. The country of origin is found in 3/16 inch black lettering on the clear plastic cover along the bottom edge.

The second package is a box of seven folded cotton handkerchiefs. The packaging consists of a paperboard box with a paperboard cover underneath and a clear plastic cover. The paperboard and plastic are held together by a plastic stretch band and the boxes are sold in this condition at retail. The country of origin is in 1/16 inch black lettering on a gold paper sticker affixed to the top handkerchief and is visible through the clear top.

The third package is a box of three rolled cotton handkerchiefs. The packaging consists of a paperboard box with a clear plastic cover. The box is sold in this condition at retail. The country of origin is in 1/8 inch white lettering over a blue background on the side of the plastic cover.

The fourth package is a sealed clear polybag of three folded cotton handkerchiefs. The country of origin is in 1/16 inch black lettering on a gold paper sticker affixed to the top handkerchief and is visible through the sealed clear polybag.

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 handkerchiefs 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. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the handkerchiefs by viewing the container in which it is packaged, the individual handkerchief would be excepted from marking under this provision.

The first and third examples allow the ultimate purchaser to find the country of origin marking from a casual inspection of the package. The first and third examples, which are imported in containers that are marked in the manner described in the paragraph above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the handkerchiefs are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported handkerchiefs, provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

The second example allows the ultimate purchaser to find the country of origin by viewing the marked good through the clear plastic cover. Section 134.24(d)(3), Customs Regulations, states that “Unsealed disposable containers of imported merchandise normally unopened by the ultimate purchaser, may be excepted from marking if the article is so marked that the country of origin is clearly visible without unpacking the container.” Such is the case with the second example and is an acceptable country of origin marking for the imported merchandise.

The fourth example allows the ultimate purchaser to find the country of origin by viewing the marked goods through the sealed clear polybag. This meets the requirements of 19 U.S.C. 1304), and 19 CFR 134.24(d)(2). The marking of the handkerchief in a sealed clear polybag is an acceptable country of origin marking for the imported merchandise.

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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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