COUNTRY OF ORIGIN MARKING OF IMPORTED VENTS

N236968 January 23, 2013 MAR-2 OT:RR:NC:1:102 CATEGORY: MARKING Ms. Cynthia A. Benway Taco, Inc. 1160 Cranston Street Cranston, RI 02915 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED VENTS Dear Ms. Benway: This is in response to your letter dated January 2, 2013 requesting a binding ruling on the country of origin marking of imported TACO Vents, item number 417-3. Photocopies of the intended packaging were submitted with your request. In your request you indicate that these vents are manufactured in Italy and imported from the Czech Republic. The unmarked vents are packaged in 2” x 3” boxes containing 12 vents. Each of these boxes is labeled “Made in Italy” and placed into an outer carton which is also marked “Made in Italy”. You state that after importation the subject vents will remain in their original packaging and be sold to local plumbers or HVAC technicians in units of 12. 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. Based on the information provided, the ultimate purchasers, in this instance, are the local plumbers or HVAC technicians. 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 vents by viewing the container in which it is packaged, the individual vents would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). As such, marking the container in which the vents 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 vents 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) 733-3009. Sincerely, Thomas J. Russo Director National Commodity Specialist Division