NY N017935 - COUNTRY OF ORIGIN MARKING OF IMPORTED COINS - United States International Trade Commision Rulings

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NY N017935

October 17, 2007

MAR-2 OT:RR:NC:1:117

CATEGORY: MARKING

Margaret Polito
Neville Peterson LLP
17 State Street-19th Floor
New York, New York 10004

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED COINS

Dear Ms. Polito:

This is in response to your letter dated September 28, 2007, on behalf of National Collector’s Mint, requesting a ruling on whether it is acceptable to mark the container in which imported coins are repackaged in the U.S. with the country of origin in lieu of marking the article itself when no other markings appear on the article itself. Representative samples of the subject merchandise and their marked containers were submitted with your letter and will be returned to you.

The items at issue are silver commemorative coins. Although recognized as legal tender in the countries named on each of them, they can be produced in a number of different countries depending upon which foreign mint is authorized to do so. They will be imported solely as collector’s pieces where you state beauty, design and precious metal content are of utmost importance.

Imported in bulk, the coins are shipped in cartons which are labeled with the country of origin. Once imported, individual coins will be marked and sent to the ultimate purchaser. Some of the coins will under go a colorization process, subsequently placed in plastic capsule and then marked.

You claim that placing a country of origin sticker directly onto the coin may result in some type of adhesive material marring the coin’s finish. Since these are collector’s items, where the condition of a coin is paramount to its value, you have suggested two alternate means of marking. A sample of each method has been reviewed.

The first sample is a coin packed in a small plastic bag sealed with a sticker indicating the item number and its country of origin. The origin language appears to be both legible and conspicuous. You state that this coin may or may not be sold in a plastic capsule, but in all instances will be packed in a polybag.

The second sample is a coin encased in a plastic capsule. This capsule is then packaged in a cardboard sleeve. On the sleeve is a sticker indicating both item number and country of origin in a clear and legible manner.

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 medallions 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 medallions and inlays 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 this case, assuming that the port director is satisfied that the imported coins 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), in which case marking of the imported coins will not be required.

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 Gloria Stingone at 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,

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