COUNTRY OF ORIGIN MARKING OF IMPORTED FLATWARE

N240988 May 6, 2013 MAR-2 OT:RR:NC:1:118 CATEGORY: MARKING Mr. Patrick Suyeoka IMCO Inc. 9801 Adam Don Parkway Woodridge, IL 60517 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED FLATWARE Dear Mr. Suyeoka: This is in response to your letter dated April 16, 2013, requesting a ruling on whether the proposed method of marking the container with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported flatware. Marked samples were submitted with your letter for review. The merchandise consists of flatware imported from China, India, Japan, Korea and Thailand. The flatware includes an array of assorted styles and sizes of knives, forks and spoons. You have stated that the foreign manufacturer will wrap each piece of flatware in its own individual unsealed plastic wrapper. Each piece of flatware is then packaged into boxes containing twelve pieces of the same type. The boxes will be sealed with tape and then packaged into master shipping cartons. You intend to mark the boxes and the master shipping cartons with the country of origin, without marking the individual pieces of flatware. The flatware will be sold in the marked boxes directly to institutions such as restaurants and hotels. You have affirmed that the flatware sets are never sold directly to retail outlets. The representative samples you have submitted consist of cardboard boxes that contain twelve pieces of flatware individually wrapped in unsealed plastic. The cardboard boxes will be sealed with tape before importation. Printed on the top of the cardboard boxes are instructions on the care and handling of the flatware. The sides of the boxes list the parent company of IMCO Inc. (Edward Don & Company), the style name and number of the flatware, and the UPC code. On each end of the boxes, the words “Made in China” appear directly below the name of the parent company, the style name and number, and the description of the flatware (e.g. teaspoon). 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. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is 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. Additionally, section 134.44 generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. The flatware is sold to institutions such as restaurants and hotels. They use the product in their establishments. The restaurants, hotels and other institutions are the ultimate purchasers. The flatware which is imported and sold in boxes that are marked as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The marking is considered an acceptable country of origin marking for the imported flatware, provided the port director is satisfied that the article will remain in the marked cardboard boxes 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 Anthony Grossi at (646) 733-3021. Sincerely, Thomas J. Russo Director National Commodity Specialist Division