NY NY277 - THE COUNTRY OF ORIGIN MARKING OF METAL EYEGLASS FRAMES - United States International Trade Commision Rulings

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NY A86316

August 22, 1996

MAR-2 RR:NC:GI:114 A86316

CATEGORY: MARKING

Mr.Scott Hoffman

Trans American Customs Brokers, Inc.

2775 Broadway

Buffalo, New York 14227

RE: THE COUNTRY OF ORIGIN MARKING OF METAL EYEGLASS FRAMES

Dear Mr. Hoffman:

This is in response to your letter dated June 4, 1996, on behalf of Rapp Eyewear, requesting a ruling on whether the proposed marking "Frame Korea" is an acceptable country of origin marking for imported metal eyeglass frames. A sample was submitted with your letter.

The metal eyeglass frames are marked with the country of origin by means of a pressure sensitive paper label located on the temple. The paper label has the words "Frame Korea" printed on it.

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 C.F.R. §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 C.F.R. §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.

The country of origin marking of eyeglass frames must be in accordance with Treasury Decision 74-38 which requires marking by means of die stamping in a contrasting color, by raised lettering, by engraving, or by some other method producing a permanent mark. The marking must be legible and conspicuous and must clearly indicate the country of origin to the ultimate purchaser in the United States by the words "Frame made in (country of origin)" or "Frame--(country of origin)".

The proposed marking of the metal eyeglass frames with a paper pressure sensitive label is not an acceptable country of origin marking as required by 19 U.S.C. §1304 and 19 C.F.R. Part 134.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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,

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