MAR-2-44:OT:RR:NC:N4:434
Rich O’Neill
Meow Mews, Inc.
7 Farmersville Rd.
Califon, NJ 07830
RE: The country of origin marking of repackaged cat scratching post components from Turkey
Dear Mr. O’Neill:
In your letter, dated August 31, 2022, you requested a country of origin marking ruling on cat scratching post components. Detailed information was provided for our review. The scratching post components were previously the subject of tariff classification ruling N327662, which classified the goods in subheading 4421.99.9880, Harmonized Tariff Schedule of the United States (HTSUS).
Your company will import Beech wood scratching post components in bulk from Turkey. Bases, columns, connectors, and finials are examples of the components. The pieces are shaped and drilled with holes to allow them to be attached to each other. Some will be wrapped with rope.
You state that the outer shipping cartons will be marked to indicate that the country of origin is Turkey. After importation, you will then repackage the components into retail boxes and sell to customers via internet sales. Your customers will assemble the parts themselves into “Scratchy” cat scratching posts, which come in various configurations.
As for the components, you ask whether marking “Made in Turkey” on only the base pieces, via stamping or etching, will satisfy the marking regulations, as all configurations of the “Scratchy” posts will include a base. You also state that the box in which the kits are sent to the U.S. customers will include Meow Mews’ U.S. address information but make no mention of country of origin marking (i.e. Made in Turkey) on this retail box. The pieces inside would not be visible without opening the box.
Section 304 of the 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 United States 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 United States the English name of the country of origin of the article. Title 19 C.F.R. Part 134 implements the country of origin marking requirements and exceptions of 19 U.S.C. § 1304. Section 134.41(b), Customs Regulations (19 C.F.R. § 134.41(b)), mandates that the ultimate purchaser in the United States must be 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. An article may be exempt from the country of origin marking requirements of 19 U.S.C. § 1304 if it falls within one of the exceptions to marking. With regard to the marking of containers, 19 C.F.R. § 134.32(d) implements the statutory exception by providing that an article may be excepted from marking if the marking on its container will reasonably indicate the article’s country of origin. Accordingly, the marking of a container in lieu of the article itself is acceptable if the article is imported in a properly marked box and U.S. Customs and Border Protection (“CBP”) is satisfied that in all foreseeable circumstances the article will reach the ultimate purchaser in a properly marked container. A related exception is provided under 19 C.F.R. § 134.34 and is applicable to articles which are to be packed after importation in retail containers qualifying for the former exception set forth at 19 C.F.R. § 134.32(d). The applicable portion of 19 C.F.R. § 134.34 states as follows: “Exception for repacked articles. An exception under §134.32(d) may be authorized in the discretion of the Center Director for imported articles which are to be repacked after release from Customs custody under the following conditions: The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the United States.”
Although an imported article may be excepted from the country of origin marking requirements under section 134.32(d), because the scratching post components will be repacked in the United States, the provisions of section 134.26 are applicable. Section 134.26(a) provides that if an article subject to country of origin marking is intended to be repacked after its release from CBP custody, or the Center Director having custody of the article has reason to believe that the article will be repacked after its release, the importer must certify to the Center Director that: 1) if the importer does the repacking, “he shall not obscure or conceal the country of origin marking appearing on the article, or else the new container shall be marked to indicate the country of origin of the article . . .”; or 2) that if he does not repack the article he will give notice to subsequent purchasers or repackers of their obligations under section 134.26.
Relating to goods bearing a U.S. locale, in this case, the company’s U.S. address, 19 C.F.R. § 134.46, states the following: In any case in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning. Therefore, “Made in Turkey” or similar wording must appear in close proximity to and in at least comparable size lettering to your company’s address. To again summarize the planned marking: The importer intends to import scratching post components in shipping cartons that are marked with the country of origin, Turkey. The parts will be repackaged in the U.S. into boxes that will be shipped to the internet retail purchasers. The boxes will include the company’s U.S. address on the outside, but no mention is made of any country of origin marking. The company asks whether marking each wooden scratching post base with etched or stamped “Made in Turkey” marking will satisfy the marking requirements. Inside the repackaging box, the “Made in Turkey” marking on the base would not be visible without opening the box.
Based on the above, the importer’s planned marking fails the requirements of section 134.34 for repacked articles for the exception provided in section 134.32(d). In order to be in compliance, the box in which the scratching post components are sold to the ultimate customers must be marked on the outside in close proximity to Meow Mews’ U.S. address with the words, “Made in Turkey” as legibly, indelibly, and permanently as the nature of the box will permit in at least comparable sized lettering. If the box were modified to be properly marked, then the individual scratching post components inside would need not be individually marked.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Charlene Miller at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division