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NY H85636




December 3, 2001

MAR-2 RR:NC:SP:221 H85636

CATEGORY: MARKING

Mr. Bruce Koelling
Rotra Brokerage Services, Inc.
P.O. Box 66498
Chicago, IL 60666

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED ANTI-STATIC CLOTHS

Dear Mr. Koelling:

This is in response to your letter dated September 10, 2001, requesting a ruling on whether the proposed method of marking the plastic bags in which anti-static cloths are imported with the country of origin in lieu of marking the cloths themselves is an acceptable country of origin marking. Though you did not submit a sample of the imported cloth, you did submit a sample of the packaging bag for review.

The imported products are identified as anti-static laboratory cloths or ASD cloths. They are used as lint-free cleaning cloths for photographic applications such as in photo finishing labs. Each anti-static cloth is packaged in a plastic bag. The bag is printed with information about the cloth and includes the legend, “Made in Germany.” The printing is in black ink on a transparent bag, and is large enough to be legible upon casual examination.

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 the cloths are sold to photo finishing labs for use in the labs, then the labs are the ultimate purchasers of the cloths. If the cloths are sold at retail, then the consumer who purchases the cloth at retail is the ultimate purchaser.

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. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the cloth by viewing the container in which it is packaged, the individual cloth would be excepted from marking under this provision.

Anti-static cloths that are packaged in individual plastic bags that are marked with the country of origin are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the plastic bag in which the cloth is imported and sold to the ultimate purchaser in lieu of marking the cloth itself is an acceptable country of origin marking provided the port director is satisfied that the cloth will remain in the marked bag 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 Joan Mazzola at (646) 733-3023.

Sincerely,

Robert B. Swierupski
Director,

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