MAR-2-05 CO:R:C:V 731583 KG

Fred Zapata
Perkins-Goodwin Co.
One Rockefeller Plaza
New York, N.Y. 10020

RE: Country of origin marking for printing paper

Dear Mr. Zapata:

This is in response to your letter of June 28, 1988, requesting a ruling on whether printing paper made in West Germany that is intended for use in the U.S. production of magazines, catalogues and brochures is exempt from the country of origin marking requirements contained in section 304 of the Tariff Act of 1934, as amended (19 U.S.C. 1304).

FACTS:

Perkins-Goodwin Co. ("the importer") is a wholly owned subsidiary of Haindl Papier, a West German company that manufactures printing paper. The importer is the exclusive source of this product in the U.S. and also offer products from other foreign sources. A customer that desires to purchase printing paper places an order with the importer that specifies the grade name, weight, and any other specifications reqested and the manufacturer of the paper. The importer ships the paper to the customer in rolls which are wrapped with brown paper which is marked with a label containing the paper grade, weight, specifications and country of origin. The paper is used by customers in the production of magazines, catalogues and brochures.

The importer received a notice of marking dated March 25, 1988, from the Customs office in Norfolk, Virginia, for failure to mark the country of origin on each individual roll of paper. You informed a member of my staff that the importer is presently marking the country of origin on the label of each roll of paper and that you requested this ruling to determine whether they would have to continue to mark the country of origin on the container of each roll of paper in the future.

ISSUE:

Whether printing paper imported by a wholly owned U.S. subsidiary of the foreign supplier is exempt from the country of origin marking requirements of 19 U.S.C. 1304.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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), sets forth regulations implementing the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

An exception from the marking requirement is authorized pursuant to 19 U.S.C. 1304(a)(3)(H) where an ultimate purchaser, by reason of the character of the article or by reason of the circumstances of its importation, must necessarily know the country of origin of the article even though it is not marked to indicate its origin. This exception is one of the general exceptions to marking requirements provided for in section 134.32(h), Customs Regulations (19 CFR 134.32(h)). In ruling 730243 (March 5, 1987), Customs required that the importer be the ultimate purchaser of the imported article and have direct contact with the foreign supplier to qualify for the 19 U.S.C. 1304 (a)(3)(H) exemption. The ultimate purchaser is defined in section 134.1(d), Customs Regulations (19 CFR 134.1(d)), as the "generally the last person in the U.S. who will receive the article in the form in which it was imported."

In this case, the customer who orders the paper, receives the roll of paper in its imported form and uses it to produce magazines, brochures and catalogues, is the ultimate purchaser. This customer deals directly with the importer, which as a wholly owned subsidiary and sole U.S. representative of the foreign supplier, is an agent of the foreign supplier. The customer knows when they place an order with the importer exactly what country and foreign supplier the printing paper originates from. Furthermore, the customer is in direct contact with the agent of the foreign supplier, which is a wholly owned subsidiary of the foreign supplier. Direct contact with the agent of the foreign supplier is sufficiently close to conclude that the ultimate purchaser necessarily knows the source of the goods. Therefore, in accordance with 19 U.S.C. 1304(a)(3)(H) and 19 CFR 134.32(h), the printing paper is excepted from the country of origin marking requirements of 19 U.S.C. 1304.

HOLDING:

Printing paper ordered by the ultimate purchaser directly from an agent of the foreign supplier which is a wholly owned subsidiary of the foreign supplier is excepted from the country of origin marking requirements of 19 U.S.C. 1304.


Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch