MAR-2 OT:RR:NC:N1:121
Mr. Steve Childers
Gigalife LLC
4489 Lavender Drive
Palm Harbor, Florida 34685
RE: COUNTRY OF ORIGIN MARKING OF IMPORTED UNASSEMBLED PROJECTOR MOUNTS
Dear Mr. Childers:
This is in response to your letter dated August 18, 2008, requesting a ruling on whether the proposed method of marking the container in which an unassembled projector mount is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported product. A marked sample container was not submitted with your letter for review.
The merchandise under consideration is unassembled projector mounts, model PM 101-Universal Projector Mount-silver finish, UPC 899653001027 and model PM 102- Universal Projector Mount- Gloss Black, UPC 899653001034. These unassembled mounts each consist of approximately twenty component parts plus hardware (e.g. screws, bolts, etc.) and can be assembled in three different configurations. They are made predominantly of aluminum and are designed to be mounted to a wall or ceiling for use in the home or office. Your letter indicates that each unassembled projector mount will be imported and sold at retail in a box marked “Made in China.”
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 is 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 unassembled projector mount 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 product by viewing the container in which it is packaged, the individual unassembled projector mount would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the unassembled projector mount 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 projector mount 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 Barbara Kaiser at (646) 733-3024.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division