THE COUNTRY OF ORIGIN MARKING OF THE INNER PLASIC COMPONENT OF AN UNASSEMBLED DRINKING TUMBLER

N134155 December 17, 2010 MAR-2 OT:RR:NC:N4:422 CATEGORY: MARKING Mr. David Melinsky DCD & Assoicates 2500 Granada Circle West Suite 106 St. Petersburg, FL 33712 RE: THE COUNTRY OF ORIGIN MARKING OF THE INNER PLASIC COMPONENT OF AN UNASSEMBLED DRINKING TUMBLER Dear Mr. Melinsky: This is in response to your letter dated November 17, 2010, in which you requested an exception from the country of origin marking requirements for the inner plastic component of an unassembled plastic drinking tumbler that will be imported from China. A sample of the marked outer component and a sample of the unmarked inner component were both submitted with your letter for review. The submitted samples are both made of clear plastic. Each of the two components has the appearance of a complete tumbler. The bigger tumbler measures 6¼” in height by 3¼” in diameter at the top and 2½” in diameter at the bottom. The smaller tumbler measures 5¾” in height by 3¼” in diameter at the top and 2” in diameter at the bottom. The bigger tumbler is smooth in texture and the smaller tumbler has a series of nine horizontal ridges that each run around the circumference of the tumbler, consecutively from top to bottom. You have stated that after importation a digitally printed marketing label made of polyurethane (PU) plastic will be applied to the outer surface of the smaller tumbler. The smaller tumbler will then be placed inside the bigger tumbler and the two components will be ultrasonically welded together at the top in your plant in St. Petersburg Florida, to form a solid one piece tumbler. The resulting article will be a clear plastic double walled 16 oz. drinking tumbler with an air gap between the outer and inner walls. As imported, the outer component is marked with the words “Made in China” molded into the bottom. The inner component is unmarked but is also made in China. 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. 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. 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. Articles are excepted from marking under 134.32(h), if they are “articles for which the ultimate purchaser must necessarily know…the country of origin by reason of the circumstances of their importation or by reason of the character of the articles even though they are not marked to indicate their origin.” Based on the information that you have presented, it is the opinion of this office that your company is the ultimate purchaser of the inner component of the unassembled tumbler, provided that when imported it will be used by your company in the assembly of the completed tumbler as you have described and not sold separately in the condition as imported. In addition, the submitted sample of the outer component 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 that imported component. If both the inner and outer components are made in China and neither of these components will be sold by your company until the two are welded together, then marking of the imported inner component with the country of origin is not required. 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