THE COUNTRY OF ORIGIN MARKING OF AN IMPORTED PLASTIC WATER BOTTLE

N060675 June 11, 2009 MAR-2 OT:RR:NC:N2:422 CATEGORY: MARKING Mr. Paul Shustak KOR Water 11230 Grace Avenue, Suite B Fountain Valley, CA 92708 RE: THE COUNTRY OF ORIGIN MARKING OF AN IMPORTED PLASTIC WATER BOTTLE Dear Mr. Shustak: This is in response to your letter received on May 13, 2009, requesting a ruling on whether it is acceptable to mark the country of origin on a paper insert that will be situated within a water bottle, in lieu of having the marking worked into the outer surface of the bottle by molding, etching or some other method during the manufacturing process. A marked sample was submitted with your letter for review. The instant item is a reusable plastic water bottle that is made in Mexico. The bottle is oblong in shape, has a clear front and back so that its contents are visible and measures approximately 11¼” in height. The sides of the bottle are white in color. The bottle has a top lid that is attached by a hinge on the back. When the hinged lid is opened and pushed backwards to reveal the open spout of the bottle, the bottle measures approximately 9¾” without the lid. A paper insert stands upright within the bottle and measures approximately 9¾” in length. The paper insert fits very snuggly within the bottle, so that it does not move around when the bottle is moved. The insert is folded in half lengthwise within the bottle, so that it is in the form of a four page marketing leaflet, with printing on both sides of the front and both sides of the back. The front and back of the insert are completely and clearly visible through the clear front and back of the bottle. Printed on the back of the insert is additional marketing information and printed at the bottom of that information are the words “Made in Monterrey, Mexico at an environmentally certified facility.” There are two tabs at the top of the insert, so that an individual can stick his or her fingers into the open spout of the bottle, grab the tabs of the insert and pull the insert out of the bottle through the open spout. However, the spout is much narrower than the insert, so that in order to remove the insert through the spout, the insert would have to be severely crumpled or even torn. You have stated that after importation, the instant water bottle will either be sold directly to consumers via your web site or be sold by retailers in a variety of segments such as sporting goods, outdoor recreation, natural products, housewares and gifts. 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. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is 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 situation, the ultimate purchaser of the instant water bottle is the consumer who purchases the product at retail.  With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. The proposed marking of the imported water bottle, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for this imported 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 Gary Kalus at (646) 733-3055. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division