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NY M87802





November 7, 2006

MAR-2 RR:NC:N1:113 M87802

CATEGORY: MARKING

Ms. Carol Ritchings
Import Manager
Conair Corporation
150 Milford Road
East Windsor, NJ 08520

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED COOKWARE

Dear Ms. Ritchings:

This is in response to your letter dated October 25, 2006, requesting a ruling on whether the proposed method of marking the container in which the cookware is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported cookware. A marked sample container was submitted with your letter for review.

The merchandise is the Cuisinart Chef’s Classic Stainless Cookware, Model 725-30D. This product is an 18/10 stainless steel 12 inch (30 cm) pan with a dome cover. The pan has an aluminum encapsulated bottom. It is packaged in a retail cardboard box. The retail box is printed on several sides with pictures of the contents and product information. The words “© 2005 Cuisinart Cuisinart is a registered trademark of Cuisinart, East Windsor, NJ 08520 Cuisinart 150 Milford Road, East Windsor, NJ 08520 Visit our Website: www.cuisinart.com Made and Printed in China” are printed on one line in the lower portion of the back of the retail box.

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 cookware is the consumer who purchases the product at retail.

The country of origin marking of the retail box with the words “Made and Printed in China” is potentially confusing. We suggest that you change the country of origin wording to read “Made in China”. Although the country of origin marking “Made in China” would satisfy the marking requirements of 19 U.S.C. 1304, you may also indicate the country of origin of the retail box. The words “Box Made in China” may also be printed on the retail box.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases 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, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, 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.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

In this instance, Cuisinart’s address on the back of the retail box includes a reference to East Windsor, NJ. Cuisinart’s U.S. address is followed by the words “Visit our Website: www.cuisinart.com Printed and Made in China”. In order to satisfy the close proximity requirement of 19 CFR 134.46, the country of origin marking “Made in China” should appear immediately after the words “Cuisinart 150 Milford Road, East Windsor, NJ 08520”. The words “Visit our Website: www.cuisinart.com” may appear after the country of origin marking.

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 cookware by viewing the container in which it is packaged, the individual cookware would be excepted from marking under this provision.

Cookware which is 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 cookware is imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported cookware provided the port director is satisfied that the article will remain in the marked 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 Ann Taub at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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