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NY M82546

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April 25, 2006

MAR-2 RR:NC:N1:118 M82546

CATEGORY: MARKING

Ms. Sharon Clifford
Brokerage Manager
Phoenix International
65 Jackson Drive
Cranford, NJ 07016

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED FLATWARE.

Dear Ms. Clifford:

This is in response to your letter dated April 6, 2006, on behalf of your client, Hampton Forge. You have requested a country of origin marking ruling for a boxed set of flatware. Two samples were submitted with your letter for review. We will only rule on the product that is imported by or on behalf of Hampton Forge.

The sample package is said to contain 20 pieces of flatware. The Hampton Silversmiths Bistro set, which is labeled as service for four, has five pieces visible through the open front of the cardboard box. These five pieces are secured in two places onto the display card. The remaining 15 pieces are stored within the box. The bottom of the box, in which the address of Hampton Forge Ltd. is noted, contains in close proximity and comparable size the words Made In China. In addition to the marking on the box, China has been die stamped onto each individual piece of flatware. You have asked whether it is necessary to mark each piece of flatware, in accordance with special marking requirements found in section 134.43(a) of the Customs Regulations, when the package in which the flatware is imported has been marked with the country of origin.

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 Hampton Silversmiths Bistro set is the consumer who purchases the product at retail.

Special marking requirements for knives and forks are set forth in 19 CFR 134.43(a) specifying that those and certain other articles are to be marked by means of die stamping, cast-in-mold lettering, etching, engraving or by affixing metal plates to the article. However, these requirements have been construed to be subject to the general exception from individual country of origin marking provided for in 19 U.S.C. 1304(a)(3)(D), which permits an article to be excepted from marking if the marking of its container will reasonably indicate its country of origin. The exception is set forth in the regulations at 19 CFR 134.32(d). Generally, in order to approve this exception, Customs officials must be satisfied that the imported article will, in all foreseeable circumstances, reach the ultimate purchaser in its properly marked and unopened container.

In C.S.D. 80-44, Customs determined that the marking of retail prepackaged “presentation packs” containing silver plated flatware would not qualify the flatware for the exception for marked containers. Customs found that the purchaser at retail would be likely to open the presentation pack to examine the merchandise, thereby making it conceivable that the unmarked flatware would be sold without its marked container.

In line with the above, the articles within this flatware set must be marked with the English name of the country of origin. We find that the Hampton Silversmiths Bistro set is properly 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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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