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NY 802240



October 5, 1994

MAR-2-91:S:N:N8:344 802240

CATEGORY: MARKING

Mr. Bert H. Abbey
Sportime Watch Co., Inc.
170 Boston Post Road
Madison, CT 06443

RE: THE COUNTRY OF ORIGIN MARKING OF LEATHER WATCHSTRAPS FROM HONG KONG.

DEAR Mr. Abbey:

This is in response to your undated letter, received in this office September 21, 1994, requesting a ruling on whether the proposed marking is acceptable for imported leather watchstraps. A marked sample was not submitted with your letter for review, however, you have provided us with a sketch as to where the marking will appear.

You have proposed marking leather watchstraps in contrasting color as follows:

1. Custom crafted in the Royal Crown colony of Hong Kong. 2. Custom crafted in the British Crown colony of Hong Kong. 3. Crafted in the Royal Crown colony of Hong Kong. 4. Crafted in the British Crown colony of Hong Kong. 5. Crafted in the Crown colony of Hong Kong.

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 markings as described above, meets the requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported leather watchstraps.

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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