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NY J80798




February 21, 2003

MAR-2 RR:NC:N1:113 J80798

CATEGORY: MARKING

Mr. Patrick D. Gill
Rode & Qualey
55 West 39th Street
New York, NY 10018

RE: Country of origin marking of imported cookware

Dear Mr. Gill:

This is in response to your letter dated February 7, 2003, on behalf of Calphalon Corporation, requesting a ruling on whether the proposed method of marking the container in which the cookware is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported cookware. A marked sample container was submitted with your letter for review.

The merchandise is the Calphalon Commercial 12-inch Omelette Pan. The pan has a hard-anodized aluminum body with a non-stick interior and a stainless steel handle. The pan is imported in a retail container of cardboard. The following geographical references appear on the right outside flap of the box:

Calphalon, Toledo OH www.calphalon.com
Made in China

The capital letters are 4 mm high; the small letters are 2 mm. high.

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 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. Section 134.41(b), Customs Regulations (19 C.F.R. §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 cookware 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 C.F.R. §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 cookware by viewing the container in which it is packaged, the individual cookware would be excepted from marking under this provision.

Pans that 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 C.F.R. §134.32(d). Accordingly, marking the container in which the cookware is imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported cookware provided the port director is satisfied that the article 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 C.F.R. 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 646-733-3018.

Sincerely,

Robert B. Swierupski
Director

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