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NY J83531

April 23, 2003

MAR-2 RR:NC:SP:221 J83531


Ms. Lisa M. Hickey, LCB
PBB Global Logistics, Inc.
33 Walnut St., P.O. Box 40
Fort Erie, Ontario, Canada L2A 5M7

RE: The country of the country of origin marking requirements for plastic shelf edge merchandising accessories from Canada.

Dear Ms. Hickey:

In your letter dated April 8, 2003, on behalf of Kost Klip Manufacturing, Ltd., you requested a ruling on the country of origin marking requirements for plastic shelf edge merchandising accessories from Canada.

Samples and descriptive literature were provided with your letter. The samples include shelf ticket molding and plastic clips. The ticket molding and clips are used on store shelves to provide a place to display printed information about products, such as the price.

You wish to mark the outer boxes these products will be shipped in, instead of the molding and clips themselves. You have provided a sample of the marking you intend to use. The box will be labeled “Made in Canada.” This marking is on the same side and in close proximity to a domestic address. You state that the outer container and marking will reach the ultimate purchaser.

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. Section 134.46, Customs Regulations (19 C.F.R. §134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. The proposed marking meets this requirement.

Section 134.41(b), Customs Regulations (19 C.F.R. §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.

The ultimate purchasers of the shelf edge merchandising accessories are the retail stores that use them on their shelves Accordingly, marking the containers in which the products are imported and sold to the ultimate purchaser in lieu of marking the individual products is an acceptable country of origin marking, provided the port director is satisfied that the shelf edge merchandising materials will remain in the marked containers until they reach the ultimate purchaser.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 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 646-733-3023.


Robert B. Swierupski

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