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NY 808082

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March 22, 1995

MAR-2-95:S:N:N8:224 808082

CATEGORY: MARKING

Pamela Pinter
Big Apple Customs Brokers
151-02 132nd Avenue
Jamaica, NY 11434

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED EXERCISE EQUIPMENT.

Dear Ms. Pinter:

This is in response to your letter dated March 16, 1995, requesting a ruling on whether it is acceptable to mark the container in which imported "Gripmaster" hand and finger exercises 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. A marked sample container was submitted with your letter for review.

The "Gripmaster" is designed to condition the fingers, hand, wrist and forearm through isolated resistance. The submitted sample consists of a "Gripmaster" enclosed with a paper product sheet within a transparent plastic clam shell package. The marking "Made in Korea" is stamped conspicuously and legibly on the reverse side of the product sheet next to the address of the U.S. distributor. You state that the "Gripmaster" items are imported in bulk and packaged as indicated by the sample.

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 "Gripmaster" 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 "Gripmaster" is not imported in its marked retail container, whether the subject articles are excepted from individual marking under 19 CFR 134.32(d) is for the district director to decide. In this regard section 134.34, Customs Regulations (19 CFR 134.34), provides that an exception may be authorized in the discretion of the district 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 district director is satisfied that the imported "Gripmaster" will be repacked in the manner described above, and that the other conditions set forth in 19 CFR 134.34 are met, the district director may authorize an exception under 19 CFR 134.32(d), in which case marking of the imported "Gripmaster" itself 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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