NY a81844: THE COUNTRY OF ORIGIN MARKING OF HOTEL GIVEAWAY PERSONAL CAREPRODUCTS

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

NY A81844



April 15, 1996





MAR-2 RR:NC:FC:236 A81844



CATEGORY: MARKING



Mr. Bo G. Grektorp

Amenitique Inc.

5402 Beaumont Center Blvd, Suite 103

Tampa, Florida 33634



RE:  THE COUNTRY OF ORIGIN MARKING OF HOTEL GIVEAWAY PERSONAL           CARE
PRODUCTS







Dear Mr. Grektorp:



	This is in response to your letter dated February 22, 1996 requesting a
ruling on whether the country of origin marking is required of giveaway personal
care hotel items.  Samples were submitted with your letter for review.

	

	Your inquiry concerns the marking requirements for personal care products
given to clients staying at hotels.  The products consist of Pleat Soap (1.1
oz.), Pleat Soap (1.8 oz.), Shoe Polish, Soap Box (1.5 oz.), Laundry Detergent
and a Sewing Kit/Box.  The products are packaged for one or two applications.



	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.  The "ultimate purchaser" of an
imported article is broadly defined in 19 U.S.C. §1304(a) as the last person in
the United States who will receive the article in the form in which it was
imported.  It is not feasible to state who will be the ultimate purchaser in
every circumstance however if the imported article is distributed as a gift or
giveaway the recipient is the ultimate purchaser.



	In the case of various kinds of giveaway articles, it is required that such
articles be individually marked to indicate the country of origin, as the donee
is deemed to be the "ultimate purchaser" of the article within the meaning of 19
U.S.C. §1304(a).

	





	An exception to the country of origin marking requirements cannot be
granted in this situation, as this office is of the opinion that the subject
personal care products appear to be giveaway products.  Accordingly, the
personal care products will have to be individually marked, as we have ruled
that the ultimate purchaser of giveaway personal care products is the recipient
of the articles. 



	As provided in section 134.41(b), Customs Regulations (19 C.F.R.
§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.



	With regard to the permanency of a marking, section 134.41(a), Customs
Regulations (19 C.F.R. §134.41(a)), provides that as a general rule marking
requirements are best met by marking worked into the article at the time of
manufacture.  For example, it is suggested that the country of origin on metal
articles be die sunk, molded in, or etched.  However, section 134.44, Customs
Regulations (19 C.F.R. §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.



	This ruling is being issued under the provisions of Part 177 of the Customs
Regulations (19 C.F.R. 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 V. Gualario at 212-466-5744.







								Sincerely,







								Roger J. Silvestri

								Director

								National Commodity

								Specialist Division