MAR-2 OT:RR:NC:N1:121
Marybeth Wangler
McKinley International Corp.
617 Loch Lane
Coppell, TX 75019
RE: The country of origin marking of household décor gift items from China
Dear Ms. Wangler:
In your letter dated March 15, 2022, you requested a marking ruling on behalf of Mports International Inc. dba Olivia Riegel. Photographs of the subject items and their corresponding gift boxes were submitted with your letter for review.
The merchandise consists of five gift items, each of which is imported in its own signature gift box. The first item is described as a Gingerbread Box Stocking Holder, SKU number SH2643. The pewter house-shaped gift box is mounted on a wooden base with a metal hook to hold a Christmas stocking. The gingerbread house is decorated with enamel paint and hand-set European crystals. The second item is described as a Silver Windsor Large Box, SKU number CB0004. The square decorative box has a hinged lid and footed base and is made from silver-finished pewter and encrusted with clear European crystals. The third item is described as a Gold Windsor Compact, SKU number CM1930. The compact mirror is made of a gold-toned stainless steel case with a gold-finished pewter face adorned with European crystals. The fourth item is described as a Silver Windsor Ring Holder, SKU number RH1101. The ring holder is made of silver-finished pewter, encrusted with hand-set European crystals, and adorned with a white cat’s eye stone. The fifth item is described as a Genevieve 5" x 7" Frame, SKU number RT0324. The photo frame is made of silver-finished pewter and is adorned with hand-set clear European crystals and sapphire faceted glass gems.
You stated the subject gift items and gift boxes are made in China. Each item is individually packaged in China in an Olivia Riegel signature gift box. The SKU label and a label stating “MADE IN CHINA” are affixed to outside of each gift box. The items are imported and sold to the ultimate purchaser in the gift box. The photographs you provided reflect this.
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.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country-of-origin marking is considered conspicuous if the ultimate purchaser in the U.S. is 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 United States 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 these five gift items is the consumer who purchases the product at retail.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
The five gift items, each in its corresponding gift box as described above, are conspicuously, legibly, and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and are acceptable country of origin markings for those imported items.
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 Jennifer Jameson at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division