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NY J84586




May 20, 2003

MAR-2 RR:NC:2:234 J84586

CATEGORY: MARKING

Ms. Toni A. Loscalzo
Import Manager
Englewood Cliffs Branch Office
American Shipping Company, Inc.
140 Sylvan Avenue
Englewood Cliffs, New Jersey 07632

RE: The country of origin marking of imported marketing literature

Dear Ms. Loscalzo:

This is in response to your letter dated May 15, 2003, on behalf of your client, Myron Corporation, Maywood, New Jersey, requesting a ruling on whether certain marketing literature imported by your client from any of several Asian countries is required to be marked with its country of origin.

A sample of the literature, in its condition as imported, was submitted. It consists of a stamped or metered window mailing envelope, unsealed, in which are a Business Reply Mail postage paid envelope, a pre-addressed sales solicitation letter with attached order form, a printed slip of paper providing “Easy Answers to the Most Frequent Questions about Ordering from Myron”, a small folding carton and a small paperboard sleeve. The folding carton is printed “Printed in U.S.A.”. None of the other components are marked to indicate their country of origin.

When your client receives the literature, as described, he will insert a sample article, seal the outer window mailing envelope, and mail it to the person whose name and address appear on the letter. The literature will not be sold by him.

Section 134.32 (f), Customs Regulations (19 C.F.R. 134.32 (f)) reads, pertinently: “General exceptions to marking requirements. The articles described or meeting the specified conditions set forth below are excepted from marking requirements (see subpart C of this part for marking of the containers): (f) Articles imported for use by the importer and not intended for sale in their imported or any other form;”

Subpart C (19 C.F.R. 134.22 (a)) provides that “When an article is excepted from the marking requirements by subpart D of this part (which is the case, here) the outermost container or holder in which the article ordinarily reaches the ultimate purchaser (in this case, Myron Corp.) shall be marked to indicate the country of origin of the article whether or not the article is marked to indicate its country of origin.”

Under these circumstances, the imported marketing literature described will not be required to be marked with its country of origin. The “outermost container” must be suitably marked.

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 Carl Abramowitz at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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