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NY 898578

June 13, 1994

CLA-2-71:S:N:N8:344 898578


Mr. Larry Clark
No Problem International
9025 SW Hillman Ct., Suite 3128
Wilsonville, OR 97070

RE: The country of origin marking of a lapel pin in a plastic polybag from Taiwan.

Dear Mr. Clark:

In your letter dated May 24, 1994, you requested a country of origin marking ruling.

The submitted sample is a base metal lapel pin in the shape and colors of your company's logo. You propose to import this item in a plastic polybag. You would like to mark the polybag with the country of origin in lieu of the pin. The polybag has a base seam with a top closure sealed by use of one staple.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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.

Articles for which the marking of the containers will reasonably indicate their origin are excepted from individual marking under 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d). This exception applies only if the article in question is imported in a properly marked container and Customs is satisfied that the article will reach the ultimate purchaser in this original marked unopened container. As provided in 19 CFR 134.1(d) the ultimate purchaser is generally the last person in the U.S. who will receive the article in the form in which it was imported.

You have indicated that the container, the polybag, has an open top closure. Because the polybag is not heat sealed at both ends, Customs has no assurance that the pin will remain unopened in its imported condition until it reaches its ultimate consumer.

We do not feel that importation of your lapel pin in the sample polybag satisfies Customs 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

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