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NY A85266




August 8, 1996

MAR-2-:RR:NC:TP:344 A85266

CATEGORY: MARKING

Mr. Robert Lynn
The TransTel Company
5459 Del Cerro Boulevard
San Diego, CA 92120

RE: The marking requirements for painted ostrich eggs.

Dear Mr. Lynn:

In your letter dated June 19, 1996, you requested a ruling on the marking requirements for painted ostrich eggs.

The item to be imported is an empty ostrich egg, approximately 5«" tall and 4«" wide. The exterior of the egg has paint over its entire surface, except for a small hole in the base where the egg's contents have been removed.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking of the imported goods the country of which the goods is the product.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

You indicate that since the entire exterior of the egg will be covered with paint, there is no place to affix a country of origin label without covering part of the art work. In such cases where the article is incapable of being marked, the container in which the article will be sold must be marked in a conspicuous, legible, indelible manner. A sticker affixed to the container would be acceptable.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Stanley Schwartz at 212-466-5895.

Sincerely,

Roger J. Silvestri

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