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NY N012292

June 27, 2007

MAR-2 RR:E:NC:SP:221


Ms. De Etta Fennell
Hellman Worldwide Logistics
3101 Yorkmont Road, Suite 1800
Charlotte, NC 28208


Dear Ms. Fennell:

This is in response to your letter dated June 5, 2007, on behalf of Visconti Garment Hangers Inc., requesting a ruling on whether marking the containers in which plastic hangers are imported with the country of origin in lieu of marking the hangers themselves is an acceptable country of origin marking for the imported plastic hangers. A marked sample container was not submitted with your letter for review.

Photographs of three plastic clothes hangers were provided with your letter. The hangers, Styles GS19, GS23 and 27T, are composed of 100 percent plastic. They are flimsily constructed and disposable. They are designed for use with intimate garments, such as women’s bras and panties. Approximately 98 percent of the hangers will be sold to companies that produce intimate garments. These hangers will be used in the packaging of the garments. The remaining 2 percent of the hangers will be sold to retail stores that use the hangers to hang the garments on racks in a store. In their imported condition, the hangers are packaged in paperboard boxes. These boxes are said to be marked on two sides with the words “Made in China,” “Made in Taiwan” or “Made in South Africa.”

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.

The ultimate purchasers of these hangers are the companies that use the hangers for the conveyance or packing of the garments that they sell. Accordingly, marking the containers in which the hangers are imported and sold to the ultimate purchasers in lieu of marking the individual hangers is an acceptable country of origin marking for hangers imported alone, provided the port director is satisfied that the hangers will remain in the marked containers until they reach the ultimate purchasers.

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 Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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