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NY C86579





May 11, 1998

MAR-2 RR:NC:MM:114 C86579

CATEGORY: MARKING

Mr. Mike Skoll
Cool-View Optics Inc.
179 Douglas Shore Close SE
Calgary, Alberta
T2Z 2K7
Canada

RE: THE COUNTRY OF ORIGIN MARKING OF SUNGLASSES FROM CHINA

Dear Mr. Skoll:

This is in response to your letter dated April 2, 1998 requesting a ruling on whether the proposed marking "Made in China" is an acceptable country of origin marking for imported sunglasses. A marked sample was submitted with your letter for review.

The sunglasses are marked with the country of origin by means of a paper hang tag. It is stated that the paper hang tag will not be removed from the sunglasses until the end user purchases the product.

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 sunglasses, as described above, is considered to be conspicuous, legible and permanent in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The marking of the imported sunglasses with the securely affixed paper hang tag is an acceptable country of origin marking for the imported goods.

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 Barbara Kiefer at 212-466-5685.

Sincerely,

Robert B. Swierupski
Director,

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