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NY F81263

January 21, 2000

MAR-2 RR:NC:SP:221 F81263


Ms. Anna Brooks
Great Lakes Customs Brokerage, Inc.
4500 Witmer Industrial Estates
Niagara Falls, NY 14305-1386


Dear Ms. Brooks:

This is in response to your letter dated January 4, 2000, on behalf of Creative Plastics, requesting a ruling on the country of origin marking requirements for plastic display cases. Unmarked samples were provided with your letter.

The display cases are composed of a clear plastics material. The five samples measure approximately 4 inches in width by 4 inches in depth, varying only in height from approximately 4 inches to 8 ½ inches. The display cases will be imported empty and sold to retail stores. The display cases may then be sold empty at retail or packaged with merchandise for retail sale.

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.

You suggest that the retail stores are the ultimate purchasers. However, such display cases are frequently sold empty at retail. In any event, even when sold with contents rather than empty, the display cases are not normal packing. The ultimate purchaser of the display cases is the person who buys it at retail sale, whether empty or packaged with retail merchandise. Therefore, the display cases must be marked with the country of origin. If products will be sold in the cases and these products are produced in a different country than the display cases, then the cases should be marked “Case Made in Canada.”

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 212-637-7034.


Robert B. Swierupski

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