NY F86775 - THE COUNTRY OF ORIGIN MARKING OF CHRISTMAS TREE ORNAMENTS FROM TAIWAN. - United States International Trade Commision Rulings

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NY F86775

June 22, 2000

MAR-2 RR:NC:SP:222 F86775

CATEGORY: MARKING

Mr. Robert A. Maltz
RDG Imports, Ltd.
741 Moody Street
Waltham, MA 82453-5321

RE: THE COUNTRY OF ORIGIN MARKING OF CHRISTMAS TREE ORNAMENTS FROM TAIWAN.

Dear Mr. Maltz:

This is in response to your letter dated May 1, 2000 and previous correspondence requesting a ruling on whether certain Christmas tree ornaments are excepted from marking.

You state that you import Christmas tree ornaments from Taiwan, Canada and elsewhere. They are for use as sales samples at national selling shows. You believe that these samples should be exempted from country of origin marking based on Customs Regulations paragraph 134.32(f). Customs Regulations paragraph 134.32(f) states that articles imported for use by the importer and not intended for sale in their imported or any other form are excepted from marking.

You do not indicate what will be done with the ornaments or how they will be disposed of after use at the national selling shows.

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.

Under section 134.32(f) Customs Regulations, (19 CFR 134.32(f)), articles imported for use by the importer and not intended for sale in their imported or any other form are excepted from country of origin marking.

If you can satisfy the district director at the port of entry that the Christmas tree ornaments will be used only for the national selling shows. And if you can satisfy the district director that they will be disposed of properly (not sold afterwards), then the Christmas tree ornaments will qualify for the country of origin exception set forth in 19CFR 134.23(f). As such they do not need to be marked to indicate their country of origin. See Headquarters ruling HQ 735008.

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 Alice R. Masterson at 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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