COUNTRY OF ORIGIN MARKING OF IMPORTED BUGATTI RANGE STYLE CUTLERY SET

N256243 August 29, 2014 MAR-2 OT:RR:NC:N4:110 CATEGORY: MARKING Ms. Elizabeth Deaton Argents Express Group 1032C LeGrand Blvd. Charleston, SC 29492 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED BUGATTI RANGE STYLE CUTLERY SET Dear Ms. Deaton: This is in response to your letter dated August 5, 2014, on behalf of TCC Retail Marketing Inc., requesting a ruling on whether the proposed method of marking the container in which the Bugatti Range Style Cutlery Set is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported Bugatti Range Style cutlery set. A marked sample was submitted with your letter for review and will be returned to you. The Bugatti Range Style is a 4-piece stainless steel cutlery set imported from China. The set consists of a knife, a fork, a tea spoon, and a soup spoon, each individually tied to the box. The 4-piece set is packaged into a single box, which has a cutout section so that each piece can be viewed and touched without being removed from the package. The box will be closed with a folding cardboard tab on each end. Printed on the back of the box are the words “Made in China”, the name and style of the cutlery, TCC’s foreign and domestic address, and the UPC Code. It is stated that the cutlery set will not be repacked after importation, and that the items will be sold only as a set and not as an individual pieces. As such, the pieces will not be taken out of the packaging prior to purchase. Given the above circumstances, you request that the markings on the outer package be considered as an acceptable Country of Origin marking for the imported cutlery. 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 cutlery set is the consumer who purchases the product at retail. Pursuant to Section 134.46, Customs Regulations (19 CFR 134.46), country of origin markings are required to be in close proximity of the name of any foreign country or locality other than the country or locality in which an article was manufactured if the words or phrases relating to the foreign country or locality are misleading or deceiving the ultimate purchaser as to the actual country of origin of the article. Special marking requirements for knives, forks and spoons are set forth in 19 CFR 134.43(a) specifying that knives, forks and certain other articles are to be marked by means of die stamping, cast-in-mold lettering, etching, engraving, or by affixing metal plates to the article. However, these requirements have been construed to be subject to the general exception from individual country of origin marking provided for in 19 U.S.C. 1304(a)(3)(D), which permits an article to be excepted from marking if the marking of its container will reasonably indicate its country of origin. The exception is set forth in the regulations at 19 CFR 134.32(d). In line with the above, the Bugatti Range style cutlery set which is imported in a box that is marked in the manner described above, is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). The country of origin is also marked in close proximity to the foreign country or locality references. Accordingly, marking the boxes in which the cutlery set is imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported cutlery set 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 Hope Abada at hope.abada@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division