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NY A89273

December 6, 1996

MAR-2 RR:NC:1: 112 A89273


Mr. Jack D. Mlawski
Gavin & Mlawski
440 Park Avenue South
New York, NY 10016-8067


Dear Mr. Mlawski:

This is in response to your letter dated October 25, 1996, on behalf of Zelco Industries, Inc., requesting a ruling on whether the proposed method of marking the container in which the "PurseGuard" is imported with the country of origin is acceptable. A marked sample container was submitted with your letter for review.

As indicated by the sample, both the alarm portion and the carrying case will be sold at retail in a cardboard wedge shaped packing which contains a picture of the "PurseGuard" on one side and advertising information on the other. The country of origin designation, "Made in China" is printed on the lower left hand corner of one side.

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 "PurseGuard" 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 "PurseGuard" by viewing the container in which it is packaged, the alarm portion and the carrying case would be excepted from marking under this provision.

Accordingly, a "PurseGuard" which is imported in packaging that is marked in the manner described above is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). The marking of the retail packaging in lieu of marking the article itself is an acceptable country of origin marking 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 David Curran at 212-466-5680.


Roger J. Silvestri

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