COUNTRY OF ORIGIN MARKING OF IMPORTED DINNERWARE

N173415 July 25, 2011 MAR-2 OT:RR:NC:4:428 CATEGORY: MARKING Mr. Maurice J. Deslauriers Normal G. Jensen, Inc. Suite #2 199 East Orvis Street Massena, NY 13662 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED DINNERWARE Dear Mr. Deslauriers: This is in response to your letter dated June 29, 2011, on behalf of your client, Cuisine Santé, requesting a ruling on whether the proposed marking “Made in China” is an acceptable country of origin marking for imported dinnerware if another marking, “Deutschland,” appears on the article which is a country or locality other than the actual country of origin of the article. In addition, you ask if whether the proposed method of marking the container in which the dinnerware is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported dinnerware. A marked sample was not submitted with your letter for review. You state that the imported merchandise consists of 98 pieces of porcelain dinnerware, referred to as the “Deutschland” set. It includes 12 pieces each of dinner plates, pasta plates, bread plates, salad plates, fruit bowls, cups, and saucers, 3 serving platters, a sugar bowl with a lid, a creamer, salt and pepper shakers, a gravy boat, a soup terrine with a cover, a salad bowl, and a teapot with a cover. The pieces are not individually marked with the country of origin. However, you state that all of the dinnerware pieces will be imported together in a single retail package, and will not be repacked or removed from this packaging before sale to the ultimate purchaser. From the photographs you submitted, the retail packaging is a box which features the CSI International company logo, with the word “Deutschland” printed above it, and the words “Cuisine Santé” and “Dishwasher-Microwave Safe” printed below. A sticker bearing the words “Made in China” in clear, legible letters of comparable size is affixed to the same side of the box, immediately to the left of the word “Deutschland.” To the right of “Deutschland” is another sticker which reads, “Sold as a set only” and “Not for resale.” 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. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. The proposed marking of imported dinnerware, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported dinnerware. 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 dinnerware 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 dinnerware by viewing the container in which it is packaged, the individual articles 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 dinnerware is imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported dinnerware 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 Nicole Sullivan at (646) 733-3028. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division