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NY R02926




December 12, 2005

MAR-2 RR:NC:N1:121 R02926

CATEGORY: MARKING

Ms. Sheri Lawson
Willson International, Inc.
250 Cooper Ave., Suite 102
Tonawanda, NY 14150

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED BASE METAL MEDALLIONS FROM CANADA; ARTICLE 509

Dear Ms. Lawson:

This is in response to your letter dated December 2, 2005, requesting a ruling on behalf of A.T. Designs Insignia Ltd. At issue is whether the proposed method of marking the container, in which medallions from Canada are imported, with the country of origin, in lieu of marking the article itself, is an acceptable country of origin marking for the imported medallions. A marked sample container was not submitted with your letter for review, however, a picture was provided.

Your letter states that the medallions are imported from Canada in bulk, with or without ribbons to be hung around the neck. Once imported, they are resold to end users who will present them as service awards or for promotional purposes. Each medallion is made of zinc or pewter, packaged in individual poly bags, and then bulk packaged in master poly bags. The master bags are marked, “Made in Canada.” You state that the medallions are eligible for treatment under the North American Free Trade Act (NAFTA). Although this assertion has not been verified, we will assume that the medallions qualify for NAFTA treatment.

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.

The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.

Section 134.45(a)(2) of the regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.

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) of the regulations provides that the ultimate purchaser of a good of a NAFTA country is the last person in the United States who purchases the good 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 instance, the ultimate purchaser is the end user who purchases the medallions and presents them as service awards or for promotional purposes.

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

Medallions, 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 (master poly bag) in which the medallions 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 medallions, provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

Although your letter does not include a request for classification of the imported medallions, it is provided for your information. Since the base metal medallions are designed to be worn, they will be classified as imitation jewelry. The applicable subheading for the medallions will be 7119.19.9000, HTS, which provides for imitation jewelry, of base metal, whether or not plated with precious metal, other, other, other. The general rate of duty will be 11 percent ad valorem.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).

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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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