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NY C82332




December 16, 1997

MAR-2-95:RR:NC:2:224 C82332

CATEGORY: MARKING

Harold E. O'Neill Jr.
Troy-Edwards and Company
77 Brooklawn Drive
Morris Plains, NJ 07950

RE: THE COUNTRY OF ORIGIN MARKING OF A TUB TOY.

Dear Mr. O'Neill:

This is in response to your letter dated November 28, 1997, requesting a ruling on whether the proposed marking "CHINA" is an acceptable country of origin marking for an imported tub toy. A marked sample was submitted with your letter for review.

The item is described as a Mr. Bubble Tub Pal, rotationally molded, of non toxic vinyl plastisol, and spray decorated with non toxic vinyl paint. After importation, the toy will be packaged with bubble bath and bath Soap in a retail kit product marketed as a Mr. Bubble Tub Pal Fun Kit.

The sample Tub Pal toy has the word "CHINA" permanently engraved into the mold on the left outside foot and every piece molded will have this marking to indicate the country of origin.

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.

The proposed marking of the imported Mr. Bubble Tub Pal, 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 toy.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Robert Swierupski
Director,
National Commodity

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