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NY D82166

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September 28, 1998

MAR-2 RR:NC:SP:232 D82166

CATEGORY: MARKING

Mr. David Roberts
Mares-Shreve & Associates, Inc.
1035 Andover Park West, #110
Tukwila, WA 98188

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED LIQUID CORN SUGAR

Dear Mr. Roberts:

This is in response to your letter dated June 4, 1998, on behalf of Western Alaska Fisheries, requesting a ruling on whether marking the container in which the liquid corn sugar is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported product. Additional information was received on September 10, 1998. A marked sample container was not submitted with your letter for review.

A sample of the subject merchandise was submitted for review. The product is described as a liquid corn sugar exported from Japan. The corn syrup will be imported in packets holding 13 grams. The packets resemble small plastic cups. The cup has a foil top on which information is written in, we assume, Japanese. The product will be imported in bags holding 30 packets, which are inside cases holding 10 bags. This merchandise will be imported by wholesalers who will distribute them to restaurants and hotels. The packets will be given away as a condiment at the table.

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. Section 134.1(d)(4) indicates that if the imported article is distributed as a gift the recipient is the ultimate purchaser.

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

In this case, the ultimate purchaser of the liquid corn syrup is the recipient in the hotel or restaurant who receives the product at their table. Therefore, the individual packets of corn syrup must be marked permanently, legibly and conspicuously to indicate the country of origin to their recipient. Marking only the bags or cases in which the packets are imported is not 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 John Maria at 212-466-5730.

Sincerely,

Robert B. Swierupski
Director,

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