MAR-2 RR:CR:SM 561486 KSG

Fervent Stedfast
Lake View Moss Ltd.
Private Bag 611
Greymouth 7820
New Zealand

RE: Country of origin marking of imported baskets and moss; 19 CFR 134.46 Dear Mr. Stedfast:

This is in response to your fax of August 18, 1999, requesting a binding ruling regarding the country of origin marking requirements for imported baskets and moss liners. You submitted various drawings of the imported articles and copies of labels to be attached to the liners.


Your company makes sphagnum moss liners in New Zealand. The liners are inserted into plastic coated wire hanging baskets. The baskets are from Taiwan. The articles are marketed in three ways: the liners alone; the baskets alone; and the baskets with the liners in them. The baskets are classified in subheading 7323.99.9060 of the Harmonized Tariff Schedule of the United States (“HTSUS”) and the moss liners are classified in subheading 2703.00.0000, HTSUS. The liners will be shrink wrapped. You propose to mark the liners, whether sold alone or together with the baskets, with the words “Product of New Zealand” printed on a label placed inside the shrink wrapping on the inside base of the liner. You propose to mark the baskets, whether sold alone or with the liners, with a card tag tied with a fine cord to the outside of the basket on which will appear the words “Basket made in Taiwan.”

You asked whether the cartons in which the articles are shipped must be marked with the origin of the articles; and whether your proposed marking of the baskets and liners are acceptable. ISSUE:

Whether the proposed country of origin marking of the imported liners and baskets, as described above, satisfies the country of origin marking requirements of 19 U.S.C. 1304.


Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), as amended, 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 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 of 19 U.S.C. 1304.

In regard to the proposed marking of the liners (whether sold separately or with the baskets), we find that the marking “Product of New Zealand” on the sample label submitted satisfies the requirements of 19 U.S.C. 1304, assuming that the marking can be clearly seen through the shrink wrapping.

In regard to the proposed marking of the baskets, section 134.44(c), Customs Regulations (19 CFR 134.44(c)), provides that if tags are used as the method of marking an article, they must be attached in a conspicuous place and in a manner which assures that unless deliberately removed they will remain on the articles until it reaches the ultimate purchaser. We find that the marking “Basket made in taiwan” on the tag tied to the outside of the basket satisfies the requirements of 19 U.S.C. 1304.

You also asked if the cartons are required to be marked where the articles are properly marked. There is no requirement that the outer shipping cartons be marked provided the articles are properly marked. HOLDING:

The proposed marking of the moss liners and baskets, both sold separately and together, satisfy the requirements of 19 U.S.C. 1304. A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


John Durant, Director
Commercial Rulings Division