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NY K81949





December 24, 2003

MAR-2 RR:NC:TA:349 K81949

CATEGORY: MARKING

Mr. Harold I. Loring
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, NY 10022-4877

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED BED AND TABLE LINEN

Dear Mr. Loring:

This is in response to your letter dated December 8, 2003 requesting a ruling on whether the proposed method of marking the container in which the bed and table linens are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported linens. A marked sample container was not submitted with your letter for review. This request is made on behalf of Anichini Inc.

Your client imports bed linen and table linen for sale to institutional buyers such as hotels, resorts, restaurants and hospitals. The linens will be sold to the institutions in sealed plastic packages containing 1 or 2 to 24 pieces per package depending on the item. These packages are the individual unit of sale to the institutional buyer and will not be broken down further. One item in this package will have an adhesive label with the country of origin, fiber content and manufacturer or dealer identification. The adhesive label will be visible through the plastic package.

Five, ten or more of the sealed plastic packages will be imported in an outer shipping carton. These cartons will be marked with the country of origin of the linens. After importation, Anichini will either ship the entire carton to the institution or they will open the cartons and place the sealed plastic packages in inventory. When an order is received the sealed plastic packages will be placed in a new carton and shipped. In either case, Anichini will apply a new shipping label to the outer carton. This label will indicate the country of origin of the contents. You request an exception from marking the individual bed and table linens because the marking of the containers and/or the marking of the sealed plastic packages will indicate the country of origin to the hotels, resorts, restaurants, hospitals and other institutional purchasers. You also note that Anichini is aware of the requirements of 19 CFR 134.26 and that they will submit the proper certification for items that are repacked or manipulated by the importer.

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.

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 bed and table linens by viewing the container in which it is packaged, the individual linens would be excepted from marking under this provision.

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. The bed and table linens are sold to hotels, resorts, restaurants, hospitals and other institutions. They use the bed and table linens in their establishments. The hotels, resorts, restaurants, hospitals and other institutions are the ultimate purchasers of the imported bed and table linens.

The bed and table linens which are imported in cartons and sealed plastic packages 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 outer container and one item in each sealed plastic bag in which the bed and table linens are imported and sold to the ultimate institutional purchaser in lieu of marking each individual item is an acceptable country of origin marking for the imported linens provided the port director is satisfied that the linens will remain in the marked container or sealed plastic package until they reach 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 John Hansen at 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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