NY K82702 - COUNTRY OF ORIGIN MARKING OF IMPORTED ABRASIVE POWDER OR GRAIN ON A BASE OF MATERIAL - United States International Trade Commision Rulings

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NY K82702

February 25, 2004

MAR-2 RR:NC:1:126 K82702

CATEGORY: MARKING

Mr. Scott Hoffman
Trans American Global Logistics Services
North American Service Center
2775 Broadway
Buffalo, NY 14227

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED ABRASIVE POWDER OR GRAIN ON A BASE OF MATERIAL

Dear Mr. Hoffman:

This is in response to your letter dated January 21, 2004, on behalf of Saint-Gobain Abrasives, regarding country of origin marking for imported abrasive powder or grain on a base of material. Your letter requests a ruling on whether country of origin marking on the retail container for the imported abrasive material would be acceptable in lieu of marking the merchandise itself.

Samples of the abrasive material were submitted with your ruling request.

Your letter describes two scenarios. In one scenario the unmarked abrasive material will be imported in a retail container marked with the product’s country of origin. You stated that the consumer - the ultimate purchaser of the merchandise - will receive the abrasive material in the marked container.

In the second scenario, unmarked rolls of the abrasive material will be imported, cut to size in the United States and then packed in retail containers marked with country of origin. You indicated that if the abrasive material itself were marked any marking would inevitably be destroyed during cutting. You stated that the consumer - the ultimate purchaser of the merchandise - will receive the abrasive material in the marked container.

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, the ultimate purchaser of the abrasive material is the consumer who purchases the product at retail.

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 the article. Accordingly, if Customs is satisfied that an 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 merchandise by viewing the container in which it is packaged, the individual article would be excepted from marking under this provision.

Regarding the first scenario, in which unmarked abrasive material is imported in retail containers that are marked with the product’s country of origin, the material itself could be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d) in the following circumstances. The importer must provide evidence to the port director at the port of entry that the merchandise will always remain in the marked retail container until it reaches the ultimate purchaser. On the other hand, if the abrasive material could be removed from the container before it is sold to the consumers, marking the container alone would not be sufficient and we would require that the material itself be marked with the country of origin.

Regarding the second scenario, in which unmarked abrasive rolls are not imported in the marked retail containers, the importer must provide evidence to the port director at the port of entry that the material will be cut and then packed in the marked containers before it is marketed to the consumers. The importer must also provide evidence that the merchandise will always remain in the marked container until it reaches the ultimate purchaser. If the importer provides evidence that satisfies the port director at the port of entry regarding these questions, the imported material could be excepted from marking pending the packing of this merchandise in the marked containers prior to its sale to the consumers. On the other hand, if the importer does not provide evidence that the merchandise will be cut and then packed in the marked container prior to its sale to the ultimate purchaser, we would require that the imported material itself be marked with country of origin. In addition, if the abrasive material could be removed from the container before it is sold to the consumers, we would require that the imported material itself be marked with the country of origin.

Even if the imported material is excepted from marking pending marking of the retail containers, the outer containers in which the merchandise is imported must be marked with the country of origin.

You had indicted that abrasive powder or grain on a base of material imported by Saint-Gobain is manufactured in various countries. The powder or grain could be placed on the base of material in one country and the material could be cut to size in a second country. In all cases, the country of origin is the country in which the abrasive powder or grain is placed on the base. Whether the merchandise itself or the retail container is marked, the marking should indicate the country in which the abrasive powder or grain is placed on the base.

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 646-733-3927.

Sincerely,

Robert B. Swierupski
Director,

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