MAR-2-05 CO:R:C:V: 733096 EAB
Frederick L. Ikenson, Esquire
1621 New Hampshire Avenue, N.W.
Washington, DC 20009
Re: Country of origin marking of color television chassis and
their containers
Dear Mr. Ikenson:
This is in reply to your letter of January 26, 1990,
requesting clarification of our Headquarters Ruling Letter HQ
732170 dated January 5, 1990.
FACTS:
In HQ 732170, Customs determined that your client was the
ultimate purchaser of certain imported television chassis because
of the further manufacturing operations performed in the U.S.
Customs further found that the imported articles are excepted
from marking so long as the containers were marked with the
country of origin. You now request an exception from country of
origin marking for the outermost containers of the articles that
were the subject of HQ 732170, because the ultimate purchaser
"necessarily knows the country of origin of the imported
articles" within the meaning of 19 U.S.C. 1304(a)(3)(H). For
purposes of this supplemental ruling, we incorporate by reference
thereto the facts of HQ 732170. The essential fact is that the
importer/ultimate purchaser orders the articles directly from the
foreign manufacturer, which is its wholly owned subsidiary.
ISSUE:
Whether the imported television chassis and their containers
are excepted from marking pursuant to 19 U.S.C. 1304(a)(3)(H).
LAW AND ANALYSIS:
As provided in 19 U.S.C. 1304(a)(3)(H), implemented in 19
CFR 134.32(h), an article is excepted from individual country of
origin marking where the ultimate purchaser, by reason of the
character of such article or by reason of the circumstances of
its importation, must necessarily know the country of origin of
such article even though it is not marked to indicate its origin.
As provided in 19 U.S.C. 1304(b), if articles are excepted
from marking requirements under any of 19 U.S.C. 1304(a)(3)(F)-
(H), their usual containers shall not be subject to marking.
This statutory provision is implemented in 19 CFR 134.22(d)(1).
In C.S.D. 80-114 (Headquarters Ruling Letter HQ 711081 dated
September 26, 1979), Customs found that where the importer owned
an interest in the company from which it imported the articles,
and ordered the articles directly from that company, the
exception under 19 U.S.C. 1304(a)(3)(H), as implemented in 19 CFR
134.32(h), applies.
HOLDING:
Customs finds that in this case, where the importer/ultimate
purchaser is the parent company of the foreign manufacturer, and
the importer directly orders only from its subsidiary, the
articles are excepted from individual marking pursuant to 19 CFR
134.32(h). Customs further finds that the containers of such
imported articles are excepted from individual country of origin
marking, as provided in 19 CFR 134.22(d)(1).
Documentation to this effect may be required by Customs
officials at the port of entry.
Sincerely,
John Durant, Director
Commercial Rulings Division