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NY 807743





MAR-2-96:S:N:N3:113 807743

CATEGORY: MARKING

Ms. Kim Caruso
Expeditors International
849 Thomas Drive
Bensenville, IL 60106

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED SOLAR CALCULATOR/PEN SETS

Dear Ms. Caruso:

This is in response to your letter dated February 21, 1995, on behalf of CBI Distributing, Corp., requesting a ruling on whether the proposed method of marking the container in which the calculator/pen set is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported set. A marked sample container was submitted with your letter for review.

The item is a composite good, consisting of 3 pens contained in a fitted case which is also the body of a solar-powered calculator. We have responded to your request for classification under separate cover. The item is packaged in a cardboard container which has a picture of the item on either side, the words "Solar Calculator Pen Set" on all four sides, and the item number 47502 on either end flap. The box is designed to be the retail container of the set. No American or U.S. address appears anywhere on the box.

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 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 set by viewing the container in which it is packaged, the individual sets would be excepted from marking under this provision.

The Solar Calculator and Pen Set which are imported in containers that are marked in the manner described above, are 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 sets are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported sets provided the district 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 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

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