COUNTRY OF ORIGIN MARKING OF IMPORTED Glade DUET Air Freshener; ARTICLE 509

NY H81730 June 12, 2001 MAR-2 RR:NC:2:240 H81730 CATEGORY: MARKING Ms. Barb Skelton Tower Group International 6730 Middlebelt Road Romulus, MI 48174-2039 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED Glade DUET Air Freshener; ARTICLE 509 Dear Ms. Skelton: This is in response to your letter dated May 29, 2001 on behalf of your client S.C. Johnson requesting a ruling on the country of origin marking requirements for imported Glade DUET Air Fresheners which are assembled from U.S. components in a NAFTA country. A marked sample was/was not submitted with your letter for review. The Glade DUET Air Freshener consists of a small aerosol can, a fragrance filled gel saddlebag and a plastic container/dispenser. The fragrance for both the gel filled saddlebags and the aerosol can are made in the U.S., as well as the plastic/container dispenser. Until recently the products have been filled, packaged, and exported from Canada. Production changes have necessitated the filling of the aerosol can in the U.S. and re-exported to Canada for the final assembly and packaging. 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. The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations. Section 134.45(a)(2) of the regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. The rules for determining when, for marking purposes, the country of origin of an imported good is one of the parties to "NAFTA" are set forth in Part 102, Customs Regulations. Part 102 of the regulations, sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations, sets forth the required hierarchy for determining country of origin for marking purposes. Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the imported Glade DUET Air Freshener is a good of the United States for marking purposes. Accordingly, it will not be required to have any country of origin marking pursuant to 19 U.S.C. 1304 when imported into the United States. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181). 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 Stephanie Joseph at 212-637-7066. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division