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NY K87174





July 9, 2004

MAR-2 RR:NC:N1:113 K87174

CATEGORY: MARKING

Ms. Susan M. Cassidy
Lunt Silversmiths
298 Federal Street
P.O. Box 1010
Greenfield, MA 01302

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED BLADES

Dear Ms. Cassidy:

This is in response to your letter dated June 11, 2004, requesting a ruling on whether the marking the container in which the blades are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported blades. A marked sample container was not submitted with your letter for review.

The merchandise is a variety of blades used in the production of table knives and serving implements. The parts include blades for luncheon knives, dinner knives, butter spreaders, cheese shavers, cake servers, cake knives, carving knives, dessert knives, children’s dinner knives, fish knives and steak knives.

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 blades is the manufacturer who completes the knife.

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

Blades, which 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 CFR 134.32(d). Accordingly, marking the container in which the blades are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported blades provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

This conclusion may not be applicable to other articles. Your letter also lists a number of utensils other than knives that will apparently be imported in an unfinished condition. Your inquiry does not provide enough information for us to give a classification ruling on these various items. Your request for a classification ruling should include pictures of the utensils. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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