THE COUNTRY OF ORIGIN MARKING OF USED PRINTER TONER CARTRIDGES

N033477 July 28, 2008 MAR-2 OT:RR:E:NC:1:106 CATEGORY: MARKING Mr. Ron Levy Kintetsu World Express 18450 S. Wilmington Ave. Rancho Dominguez, CA 90815 RE: THE COUNTRY OF ORIGIN MARKING OF USED PRINTER TONER CARTRIDGES Dear Mr. Levy: This is in response to your letter dated July 15, 2008, on behalf of Lexmark Canada Inc., requesting a ruling on the possible waiver of the country of origin marking requirements for imported, used, printer toner cartridges. A sample was not submitted with your letter for review. As indicated in your request, certain used toner cartridges are imported from Canada. These cartridges are to be sorted, based on quality, and either shipped to Mexico for refurbishing or to Canada for destruction and recycling of materials. The toner cartridges were originally produced in various countries according to your request. 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. Accordingly, the used toner cartridges are subject to the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, unless exempt based upon the marking waiver provisions included therein. Such waivers are within the purview of the Port Director at the port of entry. It is suggested that you contact that office concerning your request. 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 Mark Palasek at 646-733-3013. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division