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NY 801227




MAR-2-90:S:N:N1:105 801227

CATEGORY: MARKING

Mr. Stuart M. Quigg, President
Q International, Ltd.
2011 Hopewood Drive
Westmoreland Square
Falls Church, VA 22043-1837

RE: Country of origin marking on imported products from Russia

DEAR Mr. Quigg:

This is in response to your letter date July 11, 1994, on behalf of Sperry Marine Corporation, requesting a ruling on whether the proposed marking "by Delphin Russia" is an acceptable country of origin marking for imported equipment. A sample of a label to be attached to products made for Sperry Marine by Delphin of Russia was submitted with your letter for review.

The sample label you submitted is not acceptable, because of the confusion caused by the number of different names, the different sizes of the print and the general layout of the label.

Also, you did not state how the label will be attached, or to what product it will be attached.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR
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 CFR 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 CFR 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.

The proposed marking of imported equipment, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported equipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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