MAR-2 OT:RR:NC:N1:113
Dustin Adams
30 Sussex Street
Port Jervis, New York 12771
RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED STAINLESS STEEL
DRINK BOTTLES FROM CHINA
Dear Mr. Adams:
This is in response to your letter dated September 14, 2010, on behalf of International Markets Group Inc., requesting a ruling on whether the country of origin marking on a hang tag is an acceptable country of origin marking for imported stainless steel drink bottles. Unmarked and marked samples of the bottles were submitted with your letter for review. You have also requested a country of origin marking waiver on the imported bottles.
You have indicated in your letter that you want to import the stainless steel bottles without caps and without being marked with the country of origin. You stated in your letter that “After import the bottles are further embellished with an assortment of caps and logos before they are sold to the consumer. Each cap will have a hang tag affixed by a chain to the cap. They are then repacked for sale to the customer. The bottles are sold in stores with the cap and hang tags affixed.”
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.
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 variety of acceptable methods of marking includes hang tags.
You have proposed marking the imported stainless steel drink bottle with a hang tag printed with the words “Made in China”. The hang tag will be attached by a chain to the cap of the bottle. Your proposed marking is an acceptable country of origin marking for the stainless steel drinking bottle. Marking the bottle, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the bottle.
You have also requested a country of origin marking waiver on the imported bottle. The authority to grant a waiver of marking rests with the Port Director. Accordingly, the imported bottle is subject to the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, unless exempt based upon the marking waiver provisions included therein. Such waivers are within the purview of the Port Director at the port of entry. It is suggested you contact that office concerning your request.
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 Ann Taub at 646-733-3018.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division