COUNTRY OF ORIGIN MARKING OF IMPORTED POLE STEPS

NY G88520 March 26, 2001 MAR-2 RR:NC:N1:113 G88520 CATEGORY: MARKING Mr. Bruce MacKinnon Northpower, Ltd. 13 Polaris Place East Tamaki, Auckland, New Zealand RE: COUNTRY OF ORIGIN MARKING OF IMPORTED POLE STEPS Dear Mr. MacKinnon: This is in response to your letter dated February 13, 2001, requesting a ruling on whether the proposed marking "Manufactured in Thailand" is an acceptable country of origin marking for imported pole steps if other markings "Distributed in USA & Canada" and “New Zealand,” which are countries or localities other than the actual country of origin of the article, appear on the packaging. A sketch of your proposed marking was submitted with your letter for review. The merchandise, pole steps, was subject to a classification ruling, NY G86681 of February 1, 2001. In your request, you noted your intention to import the goods packaged 25 steps or 25 wedges to a box. The articles themselves would not be marked. The box would be marked with “all the relevant details.” In this follow-up request, you provide specific details concerning the marking of the packing boxes. The products will remain in the original packing through the ultimate purchasers, mostly power and telecom utilities. The boxes will be marked on the top with a logo. One side will bear the following information: Manufactured in Thailand Distributed in USA & Canada By International Utility Structures, Inc. The other side will have the following information: Product Design: Mack Innovations Auckland, New Zealand Marketed Worldwide by Northpower Ltd. Mt. Pleasant Rd. Whangarei, New Zealand 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. 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 U.S. 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 the goods is the consumer who purchases the product at retail, in this case, the utility. An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the goods by viewing the container in which it is packaged, the individual articles would be excepted from marking under this provision. Pole steps, which are imported in containers that are properly marked themselves, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the pole steps are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported pole steps provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases 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 locality 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, appears 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. In such a case, 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. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. In this case, the marking “Made in Thailand” appears on only one side of the box, next to the marking “Distributed in USA & Canada.” In order for the marking to be acceptable, the same country-of-origin marking must appear as well on the side of the box where the locality New Zealand appears, legibly and permanently, in close proximity to such name, and in at least a comparable size. The marking of imported pole steps, as described above, will satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported merchandise. 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 James Smyth at 212-637-7008. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division