NY N008047 - COUNTRY OF ORIGIN MARKING OF IMPORTED SHIELD - United States International Trade Commision Rulings

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NY N008047

March 16, 2007

MAR-2 RR:NC:N1:121

CATEGORY: MARKING

Mr. Eric Moeller
Unique Logistics International (ATL) Inc. 510 Plaza Drive, Suite 2290
Atlanta, GA 30349

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED SHIELD

Dear Mr. Moeller:

This is in response to your letter dated March 9, 2007, requesting a ruling on whether the proposed method of marking the wrapping in which a shield is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported shield. A sample of the shield in its marked container was submitted with your letter for review.

The sample is a base metal shield that portrays the Fraternal Order of Police (FOP) logo and includes the words “Fraternal Order of Police Active Supporter” and the year “2007.” It measures approximately 7 inches long by 6 inches wide and is intended to be affixed to the window of a vehicle with suction cups (not included). Each shield is enclosed in an individual bubble wrap bag with an adhesive sticker with the words “Made in China” affixed to it. Your letter indicates that these shields are not for retail sale. They are distributed by each state’s FOP officers as “Thank You” gifts to donors upon receipt of charitable donations.

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 shield is the donor who receives it.

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

Shields 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 bubble wrap bag in which the shields are imported and distributed to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported shields provided the port director is satisfied that the article will remain in the marked container until it reaches 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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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