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NY F83492

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March 1, 2000

AR-2 RR:NC:SP:221 F83492

CATEGORY: MARKING

Mr. David M. Murphy
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: THE COUNTRY OF ORIGIN MARKING OF ACRYLIC CANISTERS.

Dear Mr. Murphy:

This is in response to your letter dated February 17, 2000, on behalf of American Eagle Outfitters, Inc., requesting a ruling on whether the proposed marking "Made in the U.S.A." is an acceptable country of origin marking for imported acrylic canisters. Two marked samples were submitted with your letter for review.

The samples submitted with your request are acrylic canisters into which bottled fragrances will be packaged. The canisters are not sold empty but will be used by the importer only to package fragrances of U.S. origin. The canisters will be imported marked “Mfd. for American Eagle Outfitters, Warrendale, PA 15086, Made in U.S.A.” Alternatively, in the future the canisters may be marked “Fragrance Made in the U.S.A.”

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. §1304), requires that, unless excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. Section 134.1(d), Customs Regulations [19 C.F.R. §134.1(d)], defines “ultimate purchaser” as “generally the last person in the United States who will receive the article in the form in which it was imported.” Section 134.24(b), Customs Regulations [19 C.F.R. §134.24(b)], provides that disposable containers, not designed 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 company who packages the fragrances into the canisters is considered to be the ultimate purchaser of the canisters. Therefore, the canisters 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 canisters, and the Customs officers at the port of entry are satisfied that the shipping containers will reach the ultimate purchaser unopened.

Though the canisters are marked "Made in USA," such marking relates to the origin of the fragrances that are to be packaged in the canisters, and not to the canisters themselves, since the canisters will lose their identity as a separate article of commerce after they are filled. The marking will not be considered misleading or deceptive, provided that the Customs officers at the port of entry are satisfied that the fragrances to be packaged in the canisters are in fact manufactured in the United States. The alternative marking “Fragrance Made in the U.S.A.” is also acceptable.

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 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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