COUNTRY OF ORIGIN MARKING OF IMPORTED PENS

N240069 April 24, 2013 MAR-2 OT:RR:NC:N4:422 CATEGORY: MARKING Mr. James H Addison Blue Ridge Product Solutions LLC 3500 S. Dupont Hwy Dover, DE 19901 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED PENS Dear Mr. Addison: This is in response to your letter dated March 26, 2013, requesting a ruling on whether the proposed method of marking the container in which pens are imported with the country of origin in lieu of marking each pen is an acceptable country of origin marking for the imported pens. A marked sample container was not submitted with your letter for review. The submitted illustration depicts an item that is identified as Syringe Pen Pack 60. This item is comprised of 60 pens that are designed in the appearance of syringes but are fully functional as writing instruments. The pens are packaged in a clear plastic container, 60 to a container. They will be sold in the imported plastic container on amazon.com. The web site states the following: “Pack of 60 syringe pens. Perfect for doctors/nurses/mad scientists. Makes a great gift or countertop accessory for your store.” 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 syringe pens 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 syringe pens by viewing the container in which it is packaged, the individual syringe pens would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). However, given the method of sale on the internet, you would not be able to determine with any degree of certainty that these syringe pens will always be purchased by an ultimate purchaser. The syringe pens could be purchased by a commercial enterprise that will, in turn, resell the syringe pens individually from the container. In fact, the advertisement on amazon.com states that a potential customer could be a store that will sell the pens on his store countertop, which could conceivably be on an individual basis. If so, the ultimate purchaser would be the customer that comes into the store and if that customer purchases individually unmarked pens, he would not be able to determine the country of origin once he leaves the store with his or her purchase. Accordingly, marking the container in which the syringe pens are imported in lieu of marking each syringe pen is not an acceptable country of origin marking for the imported syringe pens. 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 Gary Kalus at (646) 733-3055. Sincerely, Thomas J. Russo Director National Commodity Specialist Division