NY M85975 - COUNTRY OF ORIGIN MARKING OF IMPORTED TEXTILE NAPKINS - United States International Trade Commision Rulings

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NY M85975

August 30, 2006

MAR-2 RR:NC:TA:349 M85975

CATEGORY: MARKING

Mr. Tauqir Ahmed
A&S International
2527 Saddlebrook Drive
Naperville, IL 60564

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED TEXTILE NAPKINS

Dear Mr. Ahmed:

This is in response to your letter dated August 14, 2006 requesting a ruling on whether marking the container with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for imported fabric napkins. A marked sample was submitted with your letter for review.

You import textile napkins from Pakistan for commercial use. The napkins are sold to a distributor who in turn sells them to other distributors. Those distributors then sell the napkins to restaurants and foodservice operators. These products are used in those facilities and will not be sold at retail. The napkins are packaged 12 pieces to a polybag and are only sold by that one dozen bag. In addition to the marked sample, you have provided a letter from the primary distributor attesting to the sale and channels of trade. The outside of the polybag is marked with the product number, product description, quantity, fiber content (100% polyester) and country of origin, in this case, “Made in Pakistan.”

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

The napkins are sold to restaurants and foodservice operators. They use the products in their establishments. The restaurants and foodservice operators are the ultimate purchasers of the napkins. These products, which are imported and sold in polybags that are marked as 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 napkins 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 napkins provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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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