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NY 860806

March 14, 1991

MAR-2-03:S:N:N3G:221 860806


Ms. Mary Anne O'Boyle
Hoglund & Moyles, Inc.
P.O. Box 66373
O'Hare International Airport
Chicago, Illinois 60666

RE: The country of origin marking of rubber inflations made in the United Kingdom.

Dear Ms. O'Boyle:

In your letter dated February 12, 1991, on behalf of Avon Illinois, you requested a country of origin marking ruling.

The rubber inflations are used with milking equipment. Four inflations will be packaged to a box. The importer sells to dealers, who then resell the inflations to dairy farmers. You have inquired whether country of origin marking requirements will be met if the boxes rather than the inflations are marked. A sample label used to mark such boxes was provided with your letter.

Unless excepted by law, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin (or its container) be legibly and conspicuously marked to indicate the country of origin to the ultimate purchaser in the United States. In this instance, the dairy farmer is the ultimate purchaser. Marking the boxes is sufficient only if the inflations are always sold in full boxes, and the boxes are sealed to insure that the inflations reach the ultimate purchaser in the properly marked boxes. If the boxes are not sealed, or if dealers may resell individual inflations, then each inflation must be marked, in a legible, conspicuous and permanent manner, with the country of origin. The sample label is legibly marked "Made in U.K." in close proximity to the addresses of American and Canadian localities. Therefore, if the inflations are sold in full, sealed boxes, and provided the labels are affixed in a conspicuous place, and affixed securely enough to reach the ultimate purchaser, these labels will meet the country of origin marking requirements.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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