United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1995 NY Rulings > NY 808084 - NY 808218 > NY 808160

Previous Ruling Next Ruling
NY 808160




March 28, 1995

MAR-2-95:S:N:N8:224 808160

CATEGORY: MARKING

Patrick Supeene
Schola Vitae, Inc.
294-11th Street N.E.
Medicine Hat, AB, Canada
T1A 5T2

RE: THE COUNTRY OF ORIGIN MARKING OF A BOARD GAME.

Dear Mr. Supeene:

This is in response to your letter dated March 15, 1995, requesting a ruling on whether the proposed marking "Manufactured in Canada for Schola Vitae, Inc." is an acceptable country of origin marking for imported board games. A marked sample was not submitted with your letter for review.

The board game is called "Communion of Saints." This identity will appear on the principal display panel in upper and lower case letters with the lower case "o" one inch in height. The words "A Roman Catholic board game" will appear under the product identity with the lower case "o" in this phrase 3/8 inch high. "Manufactured in Canada for Schola Vitae, Inc. copyright [symbol] 1991 Patrick Supeene" will appear on two of the side panels and the lower case "o" for this statement will measure at least 1/16 of an inch high. All printed information on the game box will be in English and lithographed in black letters on a background of light colors.

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 board games, 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 board games.

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

Previous Ruling Next Ruling