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NY N025439





April 3, 2008

MAR-2-OT:RR:NC:N1:118

CATEGORY: MARKING

Ms. Joan Jerome
Import Manager
Allied™ International
13207 Bradley Avenue
Sylmar, CA 91342

RE: COUNTRY OF ORIGIN MARKING OF AN IMPORTED WRENCH SET.

Dear Ms. Jerome:

This is in response to your letter dated March 27, 2008, requesting a ruling on whether the proposed method of marking the packaging in which the Channel Lock® Ratcheting Wrench Set is imported with the country of origin in lieu of marking each individual wrench is an acceptable country of origin marking for the imported item. The marked sample submitted with your letter for review is being retained by this office.

The item, model number 38062, is a Channel Lock® Ratcheting Wrench Set made of chrome vanadium steel. The set contains eight combination, open end and ratcheting wrenches ranging in sizes from 5∕16” to ¾”. The retail packaging is an open “try me” design tray which is displayed from hanging hooks. Seven of the wrenches are secured by screws to the presentation tray. The ” ratchet is connected in a way that the public can try the ratcheting feature of the wrench. The individual wrenches are not marked, however, on the back of the display tray, the cut out describes the item and the words Made in Taiwan are legible, permanent and conspicuous. You have indicated that the package is secure and that under all reasonable foreseeable circumstances, the wrenches will reach the ultimate consumer in the original securely locked form.

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 wrench set 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. 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 wrench set by viewing the container in which it is packaged, the individual wrenches would be 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 Channel Lock® Ratcheting Wrench Set is imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported wrenches 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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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