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NY C85783

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April 6, 1998

MAR-2 RR:NC:1:108 C85783

CATEGORY: MARKING

Mr. James E. Unger
CBC Customhouse Brokers, Inc.
P.O. Box 646
Wood Dale, IL 60191

RE: THE COUNTRY OF ORIGIN MARKING OF an AM Radio, with earphones, from China.

Dear Mr. Unger:

This is in response to your letter dated March 25, 1998 requesting a ruling on whether the proposed marking "Made in China", on pre-printed stick-on labels,is an acceptable country of origin marking for imported AM Radios in a wrapped gift box. A marked sample was submitted with your letter for review.

The AM Radio and its unwrapped box are both properly marked with the country of origin. The gift wrapping obscures this marking. The gift wrapping is only marked with a stick-on label which upon examination could easily be removed.

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 imported AM Radio , 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 article and its box. However the stick-on label on the gift wrapping must be of a more permanent nature to be considered acceptable marking as per the appropriate Customs Regualtions.

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 Michael Contino at 212-466-5672.

Sincerely,

Robert B. Swierupski
Director,

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