NY C81755 - THE COUNTRY OF ORIGIN MARKING OF A WOODEN BOX WITH AN ADHESIVE LABEL CONTAINING THE NAME OF THE ITEM, PRICE, COUNTRY OF ORIGIN, AND BAR CODE IDENTIFICATION NUMBER - United States International Trade Commision Rulings

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NY C81755

December 11, 1997

MAR-2 RR:NC:2:230 C81755

CATEGORY: MARKING

Ms. Lisa Peterson
Midwest of Cannon Falls
32057 64th Avennue
P.O. Box 20
Cannon Falls, MN 55009-0020

RE: THE COUNTRY OF ORIGIN MARKING OF A WOODEN BOX WITH AN ADHESIVE LABEL CONTAINING THE NAME OF THE ITEM, PRICE, COUNTRY OF ORIGIN, AND BAR CODE IDENTIFICATION NUMBER

Dear Ms. Peterson:

This is in response to your letter dated October 20, 1997 requesting a ruling on whether the proposed marking with an adhesive label is an acceptable country of origin marking for imported wooden trinket boxes. A marked sample was submitted with your letter for review. It will be returned to you as you requested.

The sample is a painted box made of wood decorated with a "Spells & Potions" theme. An adhesive label printed with the name of the item, the price, the country of origin, and the U.P.C. bar code and identification number is affixed to the bottom of the box in the center.

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.

We assume that the label showing the country of origin will not be covered, destroyed, or in any way modified. Furthermore, the label, as shown on the submitted sample, will remain on the box, unaltered, until it reaches the ultimate purchaser.

The proposed marking of the imported "Spells & Potions" wooden box, 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 wooden boxes.

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 Paul Garretto at 212-466-5779.

Sincerely,

Robert B. Swierupski

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