THE COUNTRY OF ORIGIN MARKING OF TOOLS AND HOUSEHOLD ARTICLES.

N124179 September 29, 2010 MAR-2 OT:RR:NC:1:118 CATEGORY: MARKING Mr. Kenneth M. Carmon Bay Brokerage, Inc. 44951 County Route 191, Suite 201 Wellesley Island, NY 13640 RE: THE COUNTRY OF ORIGIN MARKING OF TOOLS AND HOUSEHOLD ARTICLES. Dear Mr. Carmon: This is in response to your letter dated September 13, 2010, requesting a ruling on behalf of your client, Lee Valley Tools Ltd., of Ottawa, Canada. The exporter is requesting an exception of marking for their exported goods. You have indicated that the country of origin for the various tools and other household articles manufactured in various countries is noted on the Lee Valley Tools sales invoice which is enclosed within each container. It is claimed that all sales are to individual purchasers for their own use and the article is opened by the ultimate purchaser. 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 for 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. The ultimate purchaser, as defined within 19 CFR 134.1(d) is “generally the last person in the United States who will receive the article in the form in which it was imported.” “(4) If the imported article is distributed as a gift the recipient is the “ultimate purchaser”, unless the good is a good of a NAFTA country.” An article may be excepted from marking under 19 U.S.C. 1304(a)(3)(F) and section 134.32(f), Customs Regulations (19 CFR 134.32(f)), if it is for use by the importer and not intended for sale in its imported or any other form provided the marking of the container of such article(s) will reasonably indicate the origin of all articles. Each article would need to be identified along with its country of origin. Accordingly, marking the container in which the articles are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking provided the port director is satisfied that the articles will remain in the marked container until they reach the ultimate purchaser. The port director may require the importer to submit whatever information is deemed necessary in support of the marking exception. 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 Kathy Campanelli at (646) 733-3021. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division