NY A85106 - THE COUNTRY OF ORIGIN MARKING OF RATCHETING TIE DOWNS - United States International Trade Commision Rulings

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NY A85106

July 18, 1996

MAR-2 RR:NC:1:103 A85106

CATEGORY: MARKING

Ms. Laura Denny
CBT International, Inc.
110 West Ocean Blvd., Suite 728
Long Beach, CA 90802

RE: THE COUNTRY OF ORIGIN MARKING OF RATCHETING TIE DOWNS

Dear Ms. Denny:

In a letter dated June 21, 1996 on behalf of Allied International you requested a ruling on whether certain proposed marking is an acceptable country of origin marking for imported ratcheting tie downs. Drawings of the front and back of the hanging card blister pack in which the tie downs will be sold at retail were submitted with your letter for review.

On the front of the blister pack card the statements "WEBBING MADE IN U.S.A." and, directly beneath that, "HARDWARE MADE IN MALAYSIA WHERE THIS PRODUCT IS FABRICATED AND PACKAGED" appear. These statements are printed in capital letters approximately one-eighth inch in height and are positioned in the center of the card. Printed above these statements is the phrase "CUT RESISTANT TUBULAR EDGE WEBBING" in capital letters approximately one-fourth inch high, and a logo containing a drawing of a fist holding a banner marked "ABSORB EDGE" in capital letters ranging from three-eighths to seven-eighths on an inch high.

The lower left corner of the back of the blister pack card states " 1996 ALLIED INTERNATIONAL Sylmar, CA 91342" in letters about one-eighth high. In the center of the card, and located approximately two and three-quarters of an inch to the right of the U.S. address, is a single line stating "Hardware Made in Malaysia where this product is fabricated & packaged. Webbing Made in U.S.A." This lettering is again about one-eighth inch in height. "Model 52326" appears in the lower right corner of the card in letters some three-sixteenths of an inch high. Also printed on the back of the card are descriptions of various design features of the tie downs, the correct procedure to use them, and statements concerning their proper and improper use.

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 United States 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 United States 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 United States is able to find the marking easily and read it without strain.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

The proposed marking, as described above, satisfies 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 tie downs.

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 Alan Horowitz at 212-466-5494.

Sincerely,

Roger J. Silvestri
Director

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