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NY C82282




December 8, 1997

MAR-2 RR:NC:SP:233 C82282

CATEGORY: MARKING

Mr. Karl F. Krueger
AEI-Carr Customs Brokerage Services
1600 West Lafayette
Detroit, MI 48216

RE: THE COUNTRY OF ORIGIN MARKING OF TOOL BOXES FROM CANADA.

Dear Mr. Krueger:

This is in response to your letter dated November 17, 1997, on behalf of Snap-On Tools, requesting a ruling on whether the proposed country of origin marking on floor-standing tool boxes is acceptable. A marked sample of a piece of metal of the type and color of the tool box was submitted with your letter for review.

In your request you indicate that the tool box will be of Canadian origin and that it qualifies for NAFTA treatment. The tool box will be marked with a 2" x 4" label which reads "SNAP-ON TOOLS COMPANY - MADE IN CANADA RED 75TH ANNIVERSARY EDITION" along with the model number, serial number and other additional information. The label will be located 3 inches (plus or minus 1/2 inch) down from the top edge of the back panel and either up against the side panel flange or 1/4 inch (plus or minus 1/8 inch) from the side panel edge, when looking at the unit from the back. Another label will also be located on the end panel of the outside cardboard box in which the unit will be sold to the ultimate consumer.

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 the tool boxes, 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.

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 Lawrence Mushinske at 212-466-5739.

Sincerely,

Robert B. Swierupski

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