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NY G83008

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October 25, 2000

MAR-2 RR:NC:N1:113 G83008

CATEGORY: MARKING

Ms. Renee Sonn
World Project Services International, Inc. 15215 52nd Avenue South, Suite 18
Seattle, WA 98188

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED MANICURE SETS

Dear Ms. Sonn:

This is in response to your letter dated September 30, 2000, on behalf of Christopher Pallis, Inc. requesting a ruling on whether it is acceptable to mark the container in which imported manicure implements are repackaged in the U.S. with the country of origin in lieu of marking the article itself when no other markings appear on the article itself. A marked sample container was submitted with your letter for review.

The merchandise is the REI Travel Manicure Kit Deluxe. The kit consists of a pair of manicure scissors, nail clippers, a nail file, tweezers, and a cuticle trimmer packaged in a fitted metal case. After importation, the goods will be repacked into an unsealed cardboard box. The box has a picture of the kit and a list of all the contents with the country of origin on the back. The front of the box has two open spaces through which the metal case shows. A sticker showing “Made in China” is affixed to the bottom of the metal case and shows through the window of the box.

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 kit is the consumer who purchases the product at retail.

Special marking requirements for scissors are set forth at 19 C.F.R. §134.43(a), which require them to be marked by means of die stamping, cast-in-mold lettering, etching, engraving, or by affixing metal plates to the article. However, these requirements have been construed to be subject to the general exception from individual country of origin marking provided at 19 U.S.C. §1304(a)(3)(D) -- if the marking of the container will reasonably indicate its country of origin. See Headquarters Ruling Letter (HRL) 734154 dated August 19, 1991.

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 articles 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.

In this case, assuming that the port director is satisfied that the imported kits 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 kits 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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

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