COUNTRY OF ORIGIN MARKING OF IMPORTED PRACTICE TENNIS BALLS

N228256 August 17, 2012 MAR-2 OT:RR:NC:N4:424 CATEGORY: MARKING Ms. Dianna Garren EMO Trans Inc. 20 Southwoods Pkwy, Ste 500 Atlanta, GA 30354 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED PRACTICE TENNIS BALLS Dear Ms. Garren: This is in response to your letter dated July 26, 2012, on behalf of Dunlop Sports Group, requesting a ruling on whether the proposed method of marking the container in which practice tennis balls are imported with the country of origin, in lieu of marking the article itself, is an acceptable country of origin marking. A photograph of the marked sample container was submitted with your letter for review. You state that Dunlop “Academy” Practice Tennis Balls, SKU# 603118US, are imported and sold by the carton. Each carton includes 48 clear plastic canisters per sealed cardboard outer carton, with each canister containing 4 balls. The canister is vacuum sealed with a metal pop top to maintain the pressure of the balls. The canister does not have a plastic lid for resealing, nor does it have any printing on it. SKU# 603118US is imported and sold specifically to only tennis clubs for filling teaching carts and ball hoppers which hold bulk balls on the court for practice and teaching purposes. These balls will not be sold in retail markets and will not be broken down for sale individually. Each fully sealed carton will be sold as one unit to a club. The country of origin of the tennis balls is the Philippines. Based on the supplied photograph, you propose marking only the cardboard outer carton with the phrase “Made in the Philippines.” 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 practice tennis balls is the club which will use the balls to fill teaching carts and ball hoppers. 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 practice tennis balls by viewing the carton in which it is packaged, the clear plastic practice tennis ball canisters would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the outer carton in which the practice tennis balls are imported and sold to the ultimate purchaser, as illustrated in the supplied photograph, in lieu of marking the clear plastic canisters is an acceptable country of origin marking for the imported “Academy” practice tennis balls (SKU# 603118US) 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 James Forkan at (646) 733-3025. Sincerely, Thomas J. Russo Director National Commodity Specialist Division