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HQ 561663





September 14, 2000

MAR-2-05 RR:CR:SM 561663 KSG

CATEGORY: MARKING

Tara Thobe
Bath & Body Works
7 Limited Parkway East
Reynoldsburg, OH 43068

RE: Country of origin marking of artificial flower arrangements; 19 CFR 134.33; J-list

Dear Ms. Thobe:

This is in response to your letter of February 25, 2000, requesting a binding ruling concerning the country of origin marking of artificial flower arrangements. Samples were submitted with your request. We have referred your classification question to the appropriate branch for their response.

FACTS:

You have submitted samples of three types of artificial flower arrangements that you import from China. The first sample is a velour holly berry pick that is made up of polyester velour, styrofoam, wire and paper. The second sample is a multi berry pick that is comprised of polyester leaf, styrofoam berries and fruit, floral paper tape, wire, paint and pigment. The third sample is a metallic leaves pick that is comprised of polyester leaves, floral paper tape, wire, paint and pigment. All three samples are combinations of artificial flowers and leaves that are tied together with a wire. You state that the items will be used as decorations on gift baskets.

ISSUE:

Whether the artificial flower tie-offs are excepted from country of origin marking.

LAW AND ANALYSIS:

Section 304 of the 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

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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. Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will.” United States v. Friedlaender & Co. Inc., 27 CCPA 297, 302, C.A.D. 104 (1940).

Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.33, Customs Regulations (19 CFR 134.33), lists particular articles (known as the J-list) which are excepted from individual country of origin marking. One of the excepted articles on the J-list is “flowers, artificial except bunches.” The outermost container in which the article ordinarily reaches the ultimate purchaser is required to be marked to indicate the origin of its contents.

You asked if the artificial flower tie-offs are excepted from individual marking pursuant to 19 CFR 134.33. The imported artificial flowers are imported in a bunch that is tied by a wire. The J-list clearly does not include bunches. Therefore, we find that the artificial flower tie-offs are not excepted from individual marking and the bunches must be marked to indicate their Chinese origin.

HOLDING:

The artificial flower tie-offs of Chinese origin are not excepted from individual country of origin marking by 19 CFR 134.33. The bunches must be marked to indicate their origin.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John Durant
Director,
Commercial Rulings Division


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