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HQ 735211


December 21, 1993

MAR 2-05 CO:R:C:V 735211 LR

CATEGORY: MARKING

Stephen L. Besler, Manager
W.J. Byrnes & Co.
2700 E. Bilby Road
Suite 201
Tucson, Arizona 85706

Dear Mr. Besler:

RE: Country of origin marking of stun batons; paralyzer; stickers; conspicuous

Dear Mr. Besler:

This is in response to your letter dated July 14, 1993, submitted on behalf of your client, Paralyzer Protection, Inc., regarding the country of origin marking of stun batons called "Paralyzers". A sample and its retail container were submitted.

FACTS:

Paralyzer Protection, Inc. imports self defense devices called "Paralyzers", a type of stun gun. They are manufactured in South Africa. The submitted sample is the "Police" model, which also serves as a police stick and measures approximately 20 inches long, and 1 1/2 inches in diameter. Each "Paralyzer" is imported in its own retail carton. The end tabs of the sample carton are torn and we cannot tell whether the cartons are sealed. The retail carton displays a picture of the imported product. Apart from the two ends of the product which have a smooth surface, the article has a rough surface. Although your client sells the "Paralyzer" directly to retail stores and mail order companies in the retail carton, you advise that your client has no control over the marketing of the article and whether the retail store leaves the "Paralyzer" in its carton or takes it out prior to sale.

Your client intends to affix adhesive stickers indicating the country of origin to both the article and its retail container. You ask where such stickers should be placed in order to satisfy the requirements of 19 U.S.C. 1304. On the submitted sample, one sticker, measuring approximately 1 1/4 inch x 1/2 inch, is placed on the end of the baton where the batteries are to be inserted, near the handle. The other sticker, measuring approximately 2 inches x 1 inch, is placed on one of the long panels of the retail box, near the end of the panel. Each of these stickers is gold-colored, with contrasting black lettering. The words "South Africa" appear in approximately 6 and 8 point type, respectively. (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). The name of the manufacturer appears on one of the labels. Both the article and the retail container are black.

ISSUE:

Whether the proposed location and method of marking the country of origin satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin imported into the U.S. 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 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.

A country of origin marking is considered to be marked in a conspicuous place if the ultimate purchaser is able to find it easily. The marking is legible if it can be read without strain. See 19 CFR 134.41. If paper stickers or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. 19 CFR 134.44(b).

The stickers on the submitted sample are securely affixed and we are satisfied that they will remain on the article until it is delivered to the ultimate purchaser. The sticker is securely affixed to a smooth surface of the stun gun and should remain in place. We further find that the country of origin markings are conspicuous. Due to their location, contrasting color and size, the country of origin markings are easily noticed upon a casual examination.

Affixing country of origin stickers to both the article and the retail container assures that the marking will be visible to the ultimate purchaser regardless of how the product is marketed.

HOLDING:

The above-described markings satisfy the requirements of 19 U.S.C. 1304 and 19 CFR Part 134. We suggest you contact the Bureau of Alcohol, Tobacco and Firearms to determine whether any other information, such as the name and address of the manufacturer, is required on the imported product.

Sincerely,

John Durant, Director

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