NY N013262 - COUNTRY OF ORIGIN MARKING OF IMPORTED PENS AND THEIR CASES - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 2007 NY Rulings > NY N013180 - NY N013268 > NY N013262

Previous Ruling Next Ruling
NY N013262

July 19, 2007

MAR-2 RR:NC:N2:222

CATEGORY: MARKING

Mr. John Higinbothom
Newell Rubbermaid
6350 Stevens Forest Road
Suite 200
Columbia, MD 21046

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED PENS AND THEIR CASES

Dear Mr. Higinbothom:

This is in response to your letter dated June 14, 2007, on behalf of Sanford LP, requesting a ruling on whether it is acceptable to mark the country of origin on the blister packs in which imported pens and their cases are repackaged in the U.S., in lieu of marking the articles themselves, when no other markings appear on the articles themselves. A marked sample blister pack for a different but similar pen, without a case, was submitted with your letter for review.

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 situation, the ultimate purchaser of the pens and their cases is the consumer who purchases the product at retail.

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. However, since the pens and their cases are not imported in their marked retail container, whether the subject articles are excepted from individual marking under 19 CFR 134.32(d) is for the port director to decide. In this regard section 134.34, Customs Regulations (19 CFR 134.34), provides that an exception may be authorized at the discretion of the port director under 19 CFR 134.32(d) for imported articles which are to be repacked after release from Customs custody under the following conditions: (1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S.; (2) The importer arranges for supervision of the marking of the containers by Customs officers at the importer's expense or secures such verification, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry.

In addition, you have asked whether “the country of origin of the case, if it is different than the pen, must be shown on the blister pack in addition to the country of origin of the pen.” You have stated that one pen and one aluminum case will be repackaged side by side in each blister pack, for retail sale. Section 134.22(b), Customs Regulations (19 CFR 134.22.(b)) provides that containers or holders for imported merchandise which are subject to treatment as imported articles under the Harmonized Tariff Schedule of the United States (19 U.S.C 1202), shall be marked to indicate clearly the country of their own origin in addition to any marking which may be required to show the country of origin of their contents.

In this situation, assuming that the port director is satisfied that the imported pens and their cases will be repacked in the manner described above, and that the other conditions set forth in 19 CFR 134.34 are met, the port director may authorize an exception under 19 CFR 134.32(d). If so, then marking of the imported pens and their cases will not be required, but the blister pack in which they are repackaged for retail sale must be marked with both the country of origin of the pen, and if different, the country of origin of the aluminum case.

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 Gary Kalus at 646-733-3055.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling