MAR-2-05 CO:R:C:V 731853 jd
Joseph W. Dorn, Esq.
Kilpatrick & Cody
Suite 500
2501 M Street, N.W.
Washington, D.C. 20037
RE: Country of origin marking requirements applicable to
golf balls
Dear Mr. Dorn:
This is in reply to your letters of October 21, 1988, and
September 13, 1989, concerning the application of country of
origin marking requirements to imported golf balls. We regret
the delay in responding.
FACTS:
According to your submission, your client is a U.S.
producer and importer of golf balls. In response to a request
addressed to the Area Director of Customs at the New York
Seaport, your client received ruling 831116 (August 1, 1988),
holding that your client's proposed country of origin marking
only on the packages of imported golf balls was insufficient.
You were informed marking of individual golf balls would be
required.
On behalf of your client, you sent information to the
Office of Commercial Fraud Enforcement, naming companies you
believed were importing golf balls in violation of marking
requirements. That office responded that based on ruling 730055
(January 6, 1987), which excepted golf balls from individual
marking pursuant to { 134.32(d), Customs Regulations (19 CFR
134.32(d)), no action was necessary. {134.32(d) excepts from
individual marking any article for which the marking of its
container will reasonably indicate the origin of the article.
You believe earlier Customs rulings requiring the
individual marking of golf balls in all cases were correct. You
state that many golf balls are sold in pro shops where the
proprietor opens packages of balls and sells balls individually.
Also, if packages open in transit, you state that balls would be
sold individually, not discarded. Accordingly, you have
requested reconsideration of the position taken in ruling 730055.
You refer to ruling 730935 (January 10, 1989; published as C.S.D.
89-68), which required the individual marking of pads of stick-on
note paper in support of your request.
-2-
ISSUE:
Are golf balls eligible for the exception to individual
country of origin marking available pursuant to { 134.32(d),
Customs Regulations?
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19
U.S.C. 1304), requires that, unless excepted, every article of
foreign origin (or its container) imported into the United States
shall be marked in a conspicuous place as legibly, indelibly and
permanently as the nature of the article (or container) will
permit in such a manner as to indicate to the ultimate purchaser
in the United States the English name of the country of origin of
the article. Section 134.1(d), Customs Regulations (19 CFR
134.1(d)), defines ultimate purchaser as "generally the last
person in the U.S. who will receive the article in the form in
which it was imported."
Section 134.32, Customs Regulations (19 CFR 134.32), sets
forth a list of circumstances which except articles from the
requirement that they be individually marked. One such
circumstance of relevance to the golf balls under consideration
is { 134.32(d), "[a]rticles for which the marking of the
containers will reasonably indicate the origin of the articles".
Customs has previously ruled on the marking requirements
applicable to golf balls. T.D. 55359(1) (March 23, 1961), was
primarily concerned with the color and size of marking appearing
on balls, but stated that the requirement to individually mark
balls was subject to exception. ORR Ruling 694-70 (August 31,
1970), stated that the possibility balls may be removed from
their containers prior to sale was sufficient to justify
requiring individual marking. This position was upheld in ORR
Ruling 72-0315 (September 19, 1972). ORR Ruling 72-0287 (August
25, 1972), excepted from individual marking golf balls imported
for sale directly to driving ranges.
Ruling 730055 (January 6, 1987), held that golf balls were
eligible for an exception to individual marking. "We are of the
opinion that 19 CFR 134.32(d) which provides for an exception
from the individual marking requirements is applicable to golf
balls which are sold to golfers in properly marked sealed
containers, unless it is determined by the district director at
the place of entry that the items will be sold or distributed
individually or will otherwise reach the ultimate purchaser
without proper marking."
-3-
After a thorough review of this matter, and a careful
consideration of ruling 730055, we do not believe it is necessary
to revoke that ruling. Ruling 730055 already provides that in
instances where the district director at the place of entry has
any doubts that golf balls will reach ultimate purchasers in
their marked containers, he may determine the exception of
{ 134.32(d) to be inapplicable. In such instances he may require
individual marking. For example, an importer may be a department
store with a sporting goods section which sells golf balls in
sealed containers only and does not maintain a "fish bowl" of
individual balls as you state many pro shops do. This scenario
would justify an exception to individual marking. However, a pro
shop selling individual balls, or perhaps a country club
providing golf balls to its playing members, would be required to
individually mark golf balls.
HOLDING:
Golf balls imported in containers marked so as to
reasonably indicate the origin of the balls may be excepted from
individual marking, provided Customs officials at the port of
entry are satisfied the balls will reach ultimate purchasers in
their original unopened containers.
Sincerely,
John Durant
Director
Commercial Rulings Division