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NY F86151

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April 25, 2000

MAR-2 RR:NC:2:224 F86151

CATEGORY: MARKING

Curtis Dong
Wizards of the Coast, Inc.
1801 Lind Ave. SW
Renton WA 98055

RE: Country of Origin Marking of Imported Dice.

Dear Mr. Dong:

This is in response to your letter dated March 13, 2000, requesting a ruling on whether it is acceptable to mark the container in which imported dice game pieces are repackaged in the U.S. with the country of origin in lieu of marking the article itself. A marked sample container was not submitted with your letter for review.

The merchandise consists of plastic dice or polyhedral dice in various forms from 4-, 6-, 8-, 10-, 12- and 20-sides. The dice is manufactured in various countries and following importation into the U.S. is combined with different board games the outer containers of which are marked with the country of origin. It is stated that the dice may also be sold individually to game owners as supplement or replacement dice.

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 dice 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 game dice 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.

We should emphasize that Customs will be especially vigilant in enforcing the above conditions because the subject game dice can also be imported and sold directly to consumers independently as supplements to purchased games. In this instance, no exception from marking will be permitted. Customs has no authority to add to or delete from the J-List exceptions enumerated in section 134.33, Customs Regulations (19 CFR 134.33).

In this case, assuming that the port director is satisfied that the imported dice 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 dice 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 Tom McKenna at 212-637-7015.

Sincerely,

Robert B. Swierupski
Director,

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