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NY A84905




July 15, 1996

MAR-2 RR:NC:FC:225 A84905

CATEGORY: MARKING

Ms. Elizabeth M. Tommaney
Fisher-Price, Inc.
636 Girard Ave.
East Aurora, N.Y. 14052

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED TOY TABLEWARE

Dear Ms. Tommaney:

This is in response to your letter dated June 6, 1996, received in this office on June 18, 1996, requesting a ruling on the country of origin marking requirements for a set of imported toy tableware with components from different countries that are assembled in Mexico. A marked sample was not submitted with your letter for review.

The subject article "Fun With Food" set consists of a toy spoon, knife, fork and plate. Each item is made entirely of plastic and is intended for children's use in pretend meal preparation. The individual pieces may be manufactured in any of the following countries: the U.S., Mexico, Chile, China, and Taiwan. The finished good will be assembled in Mexico.

According to your letter, the country of origin for each of the components will not be known prior to manufacture of the retail packaging. However, the tableware pieces will be marked individually with their appropriate country of origin. You propose marking the retail package "Product Assembled in Mexico of components made in Mexico, U.S.A., Chile, China or Taiwan" and request approval of this method.

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.

Your proposed marking of the product listing the country of origin of a particular article in the alternative, such as "Component Made in Mexico, U.S.A., Chile, China or Taiwan", will not be appropriate. In C.S.D. 89-111, it was determined that the designation of two countries in the alternative (either/or) as the country of origin of the imported article did not satisfy the requirements of 19 U.S.C. 1304.

For purposes of the country of origin marking requirements of 19 U.S.C. 1304, a more appropriate alternative would be to marke the "Fun With Food" set retail package "Assembled in Mexico from components made in Mexico, U.S.A., Chile, China and Taiwan" or words of similar meaning.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice J. Wong at 212-466-5538.

Sincerely,

Roger J. Silvestri
Director

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