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NY G81533




September 11, 2000

MAR-2 RR:NC:2:224 G81533

CATEGORY: MARKING

Carol Linn Dow
Prairie Books and Toys
9119 West 72nd St. #206
Merriam KN 66204

RE: Country of Origin Marking of a game made in China.

Dear Ms. Dow:

This is in response to your letter dated August 8, 2000, requesting a ruling on whether the various components that constitute a “Sports Checkers” game must be marked with their country of origin. A marked sample game or container was not submitted with your letter for review.

The subject game components are a gameboard(s), game rules, and play pieces including plastic checkers, a die and a miniature wooden football, basketball, soccer ball, and hockey puck.

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. The mark “made in China” appearing on a submitted photo image said to be of a product box top meets these requirements.

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, we will presume that the ultimate purchaser of the Sport Checkers game is the consumer who purchases the product at retail.

An article (or any number of components making up 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 or articles will reasonably indicate the origin of such article or articles. Accordingly, if Customs is satisfied that the components of the Sports Checkers game will remain in their container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the Sports Checkers game by viewing the container in which it is packaged, the individual game components would be excepted from marking under this provision.

The game components of the Sports Checkers game which are imported in containers that are marked in the manner described 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 Sport Checker game is imported and sold to the ultimate purchaser in lieu of marking the article components themselves is an acceptable country of origin marking provided the port director is satisfied that the articles will remain in the marked container until it reaches the ultimate purchaser.

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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