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NY H84212

August 14, 2001

MAR-2 RR:NC:TA:351 H84212


John Mattson
North Star World Trade Services, Inc.
980 Lone Oak Road, Suite 160
Eagan, MN 55121


Dear Mr. Mattson:

This is in response to your letter dated July 31, 2001, on behalf of your client, JDS Industries, Inc., requesting a classification ruling and a ruling on whether the proposed method of marking the container in which the ribbon medallion holders are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported ribbons. A marked sample container was not submitted with your letter for review.

You submitted a sample of a medallion holder made of 7/8” ribbon. Thirty inches of man-made fiber ribbon with tapered ends is sewn together with a small metal ring; this ring will hold the medallion, which is inserted by JDS’s customers.

The applicable subheading for the ribbon medallion holder will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made-up textile articles, other. The rate of duty will be seven percent ad valorem.

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, it appears from your letter that the ultimate purchaser of the medallion holder is the company that purchases the cartons of 2500 pieces from JDS Industries.

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 medallion holders by viewing the container in which they are packaged, the individual medallion holders would be excepted from marking under this provision.

Medallion holders which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the medallion holders are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported medallion holders provided the port director is satisfied that they will remain in the marked container until they reach the ultimate purchaser.

If, however, the medallion holders as imported are repackaged by JDS’s customers and sold individually to consumers at retail, each individual package must be marked to indicate the country of origin.

This ruling does not necessarily apply to the medallion holder if a medallion is added prior to sale. For a classification and marking ruling on a medallion holder with an attached medallion, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include a sample and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.

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 Mitchel Bayer at 212-637-7086.


Robert B. Swierupski

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