COUNTRY OF ORIGIN MARKING OF IMPORTED PRINTED ARTICLES OF CANADIAN ORIGIN

N151497 March 22, 2011 MAR-2 OT:RR:NC:2:234 CATEGORY: MARKING Mr. John Kurien Accent Impression 9300 Henri Bourassa West, #100 Montreal, H4S 1L5 Canada RE: COUNTRY OF ORIGIN MARKING OF IMPORTED PRINTED ARTICLES OF CANADIAN ORIGIN Dear Mr. Kurien: This is in response to your letter dated March 2, 2011, requesting a ruling as to whether you may ship printed matter of Canadian origin into the United States without individual product markings, providing the products are not for resale. You have inquired as to whether the proposed method of marking the container in which the printed promotional materials are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported printed articles. A marked sample container was not submitted with your letter for review. You submitted five photos of representative items which have been labeled an envelope, address label, letterhead, note pad and poster. You state in your ruling request that you will be selling the printed materials to the end users in the United States through an internet website. You also state that the quantity of your imported shipments will be about five pounds. 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. However, with regard to a good of a NAFTA country, section 134.1(d), Customs Regulations (19 CFR 134.1(d)), provides that the "ultimate purchaser" is the last person in the United States who purchases the good 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 (the consumer) is the ultimate purchaser. However, if a good of a NAFTA country is imported and distributed free of charge, the recipient is not the ultimate purchaser. See 19 CFR 134.1(d)(4). The country of origin of the printed promotional materials in question will be Canada, a NAFTA country. In this case, the printed promotional materials produced in Canada are gifts or giveaways. The ultimate purchaser of this bulk printed promotional material, originating in a NAFTA country, is the last person(s) in the U.S. who will purchase the goods in the form in which they were imported (and who will then distribute them free of charge). 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 printed articles by viewing the container in which it is packaged, the individual printed promotional materials 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 printed promotional materials 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 printed articles 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 the National Import Specialist at (646) 733-3037. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division