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NY R02690

November 3, 2005

MAR-2 RR:NC:N1:106 R02690


Ms. Stacey Maynor
Star Manufacturing International, Inc.
265 Hobson Street
Smithville, TN 37166


Dear Ms. Maynor:

This is in response to your letter dated October 12, 2005 requesting a ruling on whether the proposed marking satisfies the marking requirements if the article itself is properly marked with the country of origin "Made in China" and the sealed disposable container in which the article is imported is also marked “Made in China”. A marked sample was not submitted with your letter for review but you did provide photographs of the proposed markings.

The merchandise in question is your article # 8A-35SSC-120V Hot Dog Steamer. This product is used to cook hot dogs and buns, using steam, for sale at convenience stores, sports complexes and the like.

The product will arrive at your facility in the same carton in which it will be shipped to your customer, the end user of the Hot Dog Steamer. No re-packaging will be done. The sealed carton is conspicuously marked with your logo and U.S. address and with the country of origin marking “Made in China” below your address. The country of origin marking will be in the same text size as your address, which is 3/8” high. The Hot Dog Steamer itself will also be marked with the country of origin printed on a permanently attached serial plate on the underside of the unit.

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 imported Hot Dog Steamer is the commercial consumer who purchases the product from you.

The marking requirements for sealed disposable containers of imported merchandise are set forth in section 134.24(d), Customs Regulations (19 CFR 134.24(d)). This section provides that "disposable containers of imported merchandise, which are sold without normally being opened by the ultimate purchaser shall be marked to indicate the country of origin of their contents.”

The circumstances you have described satisfy the country of origin marking requirements both with respect to the individual article and its container and are acceptable methods of marking.

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 Patrick Wholey at 646-733-3013.


Robert B. Swierupski

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