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HQ 735066

July 28, 1993

MAR-2-05 CO:R:C:V 735066 RC

CATEGORY: MARKING

Mr. Darrell J. Sekin, Jr.
International Services, Inc.
P.O. Box 612785
DFW Airport, Texas 75261

RE: Country of Origin Marking for Letter Openers; Legible; Non- Contrasting Letters.

Dear Mr. Sekin:

This is in response to your request, dated March 26, 1993, for a ruling on the acceptability of the country of origin marking on letter openers.

FACTS:

You intend to import into the U.S. plastic letter openers manufactured in China. Each opener contains a razor. You submitted three samples, different only in color. Each sample contains the relief lettering "CHINA" molded into the plastic in approximately six points on the lower right side, near the razor. (A point is a unit of type measurement equal to 0.01384 inch or nearly 1/72 inch, and all type sizes are multiples of this unit.) There is no contrast in color between the marking and the background.

ISSUE:

Whether the marking as described above is legible within the meaning of 19 U.S.C. 1304 and 19 CFR Part 134.

LAW AND ANALYSIS:

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), (19 CFR 134.41(b)), Customs Regulations, specifies that a marking should be at least sufficiently permanent to insure that in any reasonably foreseeable circumstance the marking shall remain on the article or its container until it reaches the ultimate purchaser and that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

In HQ 734662 (October 8, 1992), Customs considered the relevance of contrasting color to a country of origin marking's readability acknowledging no specific requirement of color contrast. It was determined that legibility be determined based on all the elements: the relief of the letters, the size and style of print, the location, the format, etc. There, a ski boot marking on the sole was legible because of its particular relief, and because the nine point lettering was large enough to be read without strain. The marking was found to be permanent because it was injection molded. Another marking on the side of the boot was not legible because the relief was slight. The country of origin marking of ski boots on the sole of the boot satisfied the requirements of conspicuousness, permanence, and legibility.

Here, the marking on the submitted samples appears in a conspicuous location. Although the method of marking is in non- contrasting colors, because of the lettering size (six points), the country of origin marking is not difficult to read. Moreover, the openers are relatively small If the letter openers are packaged for sale, the country of origin marking must remain visible on the openers themselves or on the packaging.

HOLDING:

The country of origin marking for the submitted letter openers satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

John Durant, Director

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