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January 7, 1999

MAR-2 RR:NC:2:226 D85901


Ms. Lenore Snyder
Kuehne & Nagel, Inc.
10 Exchange Place - 19th floor
Jersey City, NJ 07302


Dear Ms. Snyder:

This is in response to your letter dated December 15, 1998, on behalf of your client, RJS Scientific, requesting a ruling to waive the country of origin marking requirements for crystal goblets until the merchandise is further processed in the U.S. by a U.S. manufacturer. A marked sample was submitted with your letter for review.

Your submission indicates that “Bedford Water Goblets” (item #T810-10) will be manufactured in Germany and shipped into the United States without country of origin markings. At the time of importation, the glasses will be sent to a local vendor, Decor in New Jersey, for further processing. When entered into the United States, a decorative platinum ring will be permanently affixed to each glass.

You indicated in your letter that it is more cost effective to have the platinum ring, which requires firing at high temperatures, placed on each glass in the U.S., rather than Germany. You further stated that if the country of origin sticker label was on the glass before firing, the label would become a detrimental permanent mark inside the glass. Therefore, upon completion of the firing process, the local vendor will mark each glass with a sticker label which reads “Made in Germany” before shipping to RJS’s warehouse.

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.

Under Section 134.32(g) of the Customs Regulations, an exception to the marking requirements at the time of importation may be made for “articles to be processed in the U.S. by the importer or for his account otherwise than for the purpose of concealing the origin of such articles and in such manner that any mark contemplated by this part would necessarily be obliterated, destroyed, or permanently concealed.” Note 19 U.S.C. §1304(a)3)(G); 19 C.F.R. §134.32(g).

The crystal goblets are excepted from marking at the time of importation pursuant to 19 C.F.R. §134.32(g), since any marking thereon would necessarily be permanently destroyed during the U.S. processing. However, the completed goblets must be marked in any reasonable method by the U.S. processor to indicate the country of origin. This is to ensure that the ultimate purchaser is advised of the country of origin.

In this instance the country of origin marking of each goblet with a sticker label is acceptable if the Customs port of entry is satisfied that the ultimate purchaser will receive the article with the country of origin label. You should provide full information about this matter to U.S. Customs at the port of entry. The Customs officials at that port should be contacted regarding the precise time when you propose to mark the merchandise and the method of marking which you plan to use.

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 Jacob Bunin at 212-466-5796.


Robert B. Swierupski

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