Country of Origin Marking Requirements for Silver Pendants; 19 CFR 134.32(d); Marking of Containers; Ultimate Purchaser.

HQ 735218 January 11, 1994 MAR-2-05 CO:R:C:V 735218 NL CATEGORY: Marking Pathfinder International 4128 NE Davis St. Portland, OR 97232 RE: Country of Origin Marking Requirements for Silver Pendants; 19 CFR 134.32(d); Marking of Containers; Ultimate Purchaser. Dear Sir: This is in reply to your letter dated May 10, 1993, in which you request a Headquarters ruling on the country of origin marking requirements for certain silver pendants imported from Mexico. We regret the delay in responding. FACTS: The silver pendants are approximately one inch in diameter. It appears that the pendants are intended to be worn on a chain which which is supplied by jewelry manufac- turers or sellers after importation. The pendants are imported in heat-sealed plastic bags marked "Made in Mexico". Customs officials at the Port of Portland, Oregon determined that this marking was insuffi- cient, as the plastic bag was not, in their view, intended to accompany the pendants at the time of delivery to the ultimate purchaser in the U.S. These officials further found that the ultimate purchasers of the pendants were not jewelry manufac- turers or assemblers, but retail purchasers who would receive the pendants with chains attached. These findings are set forth in a memorandum to Customs Headquarters dated June 29, 1993. ISSUE: Is the marking appearing on the plastic bag sufficient to indicate the country of origin of the silver pendants? LAW AND ANALYSIS: 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 U.S. is required to be marked to indicate the name of its country of origin to the ultimate purchaser in the U.S. Part 134, Customs Regulations (19 CFR Part 134), imple- ments the country of origin marking requirements and excep- tions of 19 U.S.C. 1304. An article of foreign origin is excepted from individu- al marking if the marking of its container will reasonably indicate the country of origin of the article to the ultimate purchaser. 19 U.S.C. 1304(a)(3)(D), 19 CFR 134.32(d). Customs officials may approve this exception if they are satisfied that the article will be delivered to the ultimate purchaser in the marked container in which it was imported. In this instance we agree with the Customs officials in Portland that the plastic bags were not likely to remain with the pendants until their delivery to the ultimate purchaser. Instead, it was more likely that the pendants were to be removed from the marked plastic bags and sold without marking. Accordingly, the marking of the plastic bags was not suffi- cient to satisfy the country of origin marking requirements, and the pendants were required to be individually marked. HOLDING: Pendants of silver imported in plastic bags marked with the country of origin of the pendants are not legally marked when it is likely that the pendants will be removed from the bags prior to retail sale. String tags or adhesive stickers would be acceptable methods of marking the pendants. Sincerely, John Durant Director, Commercial Rulings Division cc: District Director