COUNTRY OF ORIGIN MARKING OF IMPORTED DENTAL INSTRUMENTS; ARTICLE 509

N235230 December 6, 2012 MAR-2 OT:RR:NC:N4:405 CATEGORY: MARKING Jason Griffiths Clearbow, Inc. 555 Orly Ave. Dorval, Quebec H9P 1G1 Canada RE: COUNTRY OF ORIGIN MARKING OF IMPORTED DENTAL INSTRUMENTS; ARTICLE 509 Dear Mr. Griffiths: This is in response to your letter dated November 7, 2012, requesting a ruling on whether the proposed method of marking the container in which the dental instruments are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported dental instruments. A marked sample container was not submitted with your letter for review. Your request is that you will be “exporting a kit from Canada containing tools and accessories that are to be used in the dental laboratory. Insides this kit there is 1 pair of pliers (Pakistan), 1 pair of tweezers (Pakistan), spacers (Pakistan), 4 polishers (China) and 1 bur (China). Instead of marking each tool with the country of origin, I would like to know if we could print the country of origin beside the name of the product on the label placed on the outer surface of the kit.” 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. The country of origin marking requirements for a “good of a NAFTA country” are also determined in accordance with Annex 311 of the North American Free Trade Agreement (“NAFTA”), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations. Section 134.45(a)(2) of the regulations, provides that “a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the regulations, defines a “good of a NAFTA country” as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. 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) of the regulations, provides that the ultimate purchaser of a good of a NAFTA country 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 is the ultimate purchaser. In general, 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 dental instruments by viewing the container in which it is packaged, the individual dental instruments would be excepted from marking under this provision. Customs Regulations 134.43(a) places special marking requirements on certain products, including dental instruments. However, Headquarters Ruling Letter 559588 KR, dated March 6, 1996, et al, held that the exception in CR 134.32(d) also applied to those requirements. Dental instruments which are imported in containers that are marked in the manner described above, are 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 dental instruments 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 dental instruments 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 181 of the Customs Regulations (19 CFR Part 181). 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 J. Sheridan at (646) 733-3012. Sincerely, Thomas J. Russo Director National Commodity Specialist Division