COUNTRY OF ORIGIN MARKING OF IMPORTED HEARING AIDS.

N061761 June 12, 2009 MAR-2 OT:RR:E:NC:N4:405 CATEGORY: MARKING Mark Smith Siemens Hearing Instruments 10 Constitution Avenue Piscataway, NJ 08854 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED HEARING AIDS. Dear Mr. Smith: This is in response to your letter dated May 21, 2009, requesting a ruling on whether your proposed method of marking the containers in which Behind-The-Ear hearing aids are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking. A marked sample container was not submitted with your letter for review. In your letter you state that recent advances in technology have allowed your company (Siemens Hearing Instruments) to produce considerably smaller Behind-The-Ear (BTE) hearing aids than have been seen in the past. You state that Siemens currently produces a BTE hearing aid that is less than one inch in length, and that as the devices get smaller, it becomes increasingly difficult to mark the device itself with the country of origin in compliance with 19 CFR 134.41(b), which states that the ultimate purchaser in the United States should be able to find the marking easily and read it without strain. The small size of the hearing aids in question precludes this from being done easily, and you instead propose to label the packaging the hearing aids are sold in with the country of origin. Your submission explains that the hearing aids are manufactured in Singapore, and shipped to the United States in one of three packaging configurations. Your submission describes all three configurations, and photos were provided.Configuration # 1 consists of the hearing aid packed in consumer packaging. This configuration has the hearing aid packed in a jewel case, which is itself packed in a cardboard box or cardboard sleeve. Both the cardboard box and the cardboard sleeve will have a permanent barcode label with “Made in Singapore” printed on it. You state that the user manual included with the hearing aid will also include the statement “Hearing Instrument Made in Singapore.” Configuration # 2 consists of the hearing aid packed in a transparent plastic clamshell with a barcode label attached that says “Made in Singapore.” The clamshell is placed in a tray with two additional unattached barcode labels. The clamshells are placed into the consumer packaging after importation into the United States, and the two unattached barcodes are affixed to the previously mentioned jewel case and cardboard box/sleeve (the consumer packaging). Configuration # 3 has the hearing aids packed in a protective plastic bag, with a barcode label attached that says “Made in Singapore.” The labeled bag is placed in a tray with two unattached barcode labels, similar to what is described in configuration # 2. Once the hearing aids arrive in the United States, the hearing aid is placed in the jewel case, and the two unattached barcode labels denoting the country of origin are affixed to the jewel case and the exterior consumer packaging. Once the hearing aids have been imported into the United States and placed in the consumer packaging, they will be sold to licensed hearing professionals who would then dispense the hearing aids to their patients. Your submission states that these patients would be considered the ultimate purchaser, and they would be able to easily find the country of origin marking on the consumer packaging without strain. 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 hearing aid is the consumer who purchases the product at retail. 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 hearing aid by viewing the container in which it is packaged, the individual hearing aid would be 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 hearing aids 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 hearing aids provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. 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 J. Sheridan at (646) 733-3012. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division