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NY R02849

November 22, 2005

MAR-2 RR:NC:SP:225 R02849


Mr. Troy D. Crago
Atico International (USA) Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301


Dear Mr. Crago:

This is in response to your letter dated November 17, 2005, requesting a ruling on whether the proposed marking of the sealed polybag container with the country of origin in lieu of marking each individual plastic egg within the sealed polybag container is an acceptable country of origin marking for the imported article (item number W081CA00097, Fillable Easter Eggs). A marked sample was not submitted with your letter for review.

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.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched; on earthenware or chinaware be glazed on in the process of firing; and on the paper articles be imprinted. Section 134.41 (b) provides that the degree of permanence should be at least sufficient to insure that in any reasonable foreseeable circumstance, the marking shall remain on the article (or its container) until it reaches the ultimate purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling. The ultimate purchaser in the United States must be able to find the marking easily and read it without strain.

In this case, the ultimate purchaser of the Fillable Easter Eggs is the consumer who purchases the product at retail. An article is excepted from marking under (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 Fillable Easter Eggs by viewing the container in which it is packaged, the individual items would be excepted from marking under this provision.

     Therefore, marking the sealed container in which the Fillable Easter Eggs are imported and sold to the ultimate purchaser in lieu of marking the articles themselves is an acceptable country of origin marking for the imported Fillable Easter Eggs provided the port director is satisfied that the articles will remain in the marked sealed container until it reaches the ultimate purchaser.

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 Alice Wong at 646-733-3026.


Robert B. Swierupski

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