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NY F85992




April 19, 2000

MAR-2 RR:NC:2:234: F85992

CATEGORY: MARKING

Mr. Alan Shapiro
Permafiber Corporation
109 West 26th Street
New York, N.Y. 10001

RE: THE COUNTRY OF ORIGIN MARKING OF A POCKET DIARY, FROM CHINA

Dear Mr. Shapiro:

This is in response to your letter dated April 7, 2000, requesting a ruling on whether the proposed marking, "Printed and bound in China", is an acceptable country of origin marking for imported pocket diaries. A marked sample was submitted with your letter for review.

The sample is a permanently bound pocket diary, for the year 2001. It measures 6 ¾” by 3 3/8”, and is about ¼” in thickness. The covers are black in color; the front cover only has metal corners, and the year, 2001, stamped in gold lettering. The article is essentially an appointment book for the year 2001, with various information provided, or provided for, in separate small sections of the book.

The sample has a copyright page (on the second leaf from the front cover) on which is also printed the following country of origin marking: Printed and bound in China. The marking is in the same color ink as the copyright information, and in type of the same size, and it is separated from the text of the copyright claim by a blank line of space.

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 imported pocket diaries, as described above, is conspicuous, legible and permanent, 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 pocket diaries.

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 Carl Abramowitz at 212-637-7060.

Sincerely,

Robert B. Swierupski
Director,

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