United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1998 NY Rulings > NY C86947 - NY C87037 > NY C86985

Previous Ruling Next Ruling
NY C86985

May 5, 1998

MAR-2 RR:NC:SP:221 C86985


Mr. Alan Litwin
F.W. Myers & Co., Inc.
405 North French Road, Suite 100
Amherst, New York 14228


Dear Mr. Litwin:

This is in response to your letter dated April 20, 1998, on behalf of EMI Music Canada, requesting a ruling on whether the proposed marking "Made in Canada" is an acceptable country of origin marking for imported jewel cases for compact discs. A marked sample was submitted with your letter for review.

The jewel cases will be imported empty and later packaged with compact discs. The sample case has a paper insert with product information. This insert is marked "Made in Canada."

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.

Section 134.24(b), Customs Regulations [19 CFR 134.24(b)], provides that disposable containers, not designed for or capable of reuse, which are imported empty and packed and sold in multiple units, need not be individually marked with the country of origin. The marking requirements may be met by marking the outermost container which reaches the ultimate purchaser.

The packers of the jewel cases are considered to be the ultimate purchasers of the jewel cases. Therefore, the jewel cases may be excepted from individual marking provided the shipping containers in which they are imported are marked to indicate the country of origin of the jewel cases, and the Customs officers at the port of entry are satisfied that the shipping containers will reach the ultimate purchaser unopened.

The sample is marked "Made in Canada." This marking is acceptable only if the compacts discs to be packaged in the cases are also made in Canada. If the compact discs are made in any country other than Canada, then the marking is misleading, since the consumer may think that the container and its contents are both made in Canada. As noted above, it is not necessary to mark the jewel cases with the country of origin. If you wish to mark the jewel cases, then in those instances when the discs are made in a country other than Canada, the marking should indicate that it is the jewel case that is made in Canada. "Case made in Canada" would be acceptable.

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 Joan Mazzola at 212-466-5580.


Robert B. Swierupski

Previous Ruling Next Ruling