COUNTRY OF ORIGIN MARKING OF IMPORTED APRONS

NY J85955 July 30, 2003 MAR-2 RR:NC:3:353 J85955 CATEGORY: MARKING Ms. Barbara Sasso MIF 1801 NW 82 Ave. Miami, FL 33126-1013 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED APRONS Dear Ms. Sasso: This is in response to your letter dated July 1, 2003, on behalf of Servi-Fast International Corp., Grey Wolf Trading and Darden Restaurants, requesting a ruling on whether the proposed method of marking the container in which the apron is imported, with the country of origin in lieu of marking the article itself, is an acceptable country of origin marking for the imported apron. A marked sample container was submitted with your letter for review. Aprons are Imported by Servi-Fast International, who sells to Grey Wolf Trading, who in turn sells to Darden Restaurants. All three parties are aware that the aprons are made in the Dominican Republic. The aprons are packaged 12 per plastic sleeve, with 5 sleeves per carton. Both the plastic sleeve and shipping carton are marked “Made in Dominican Republic.” 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 aprons is Darden Restaurants. 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 apron by viewing the container in which it is packaged, the individual apron would be excepted from marking under this provision. Aprons which are imported in containers that are marked in the manner described above, 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 aprons 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 aprons provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. 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 Kenneth Reidlinger at 646-733-3053. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division