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NY F86057




April 28, 2000

MAR-2 RR:NC:N1:113 F86057

CATEGORY: MARKING

Mr. Jay Harrison Tate
833 N. Humboldt, Suite 301
San Mateo, CA 94401

RE: THE COUNTRY OF ORIGIN MARKING OF HOUSEHOLD ARTICLES

Dear Mr. Tate:

This is in response to your letter of no date, received in this office on April 19, 2000, requesting a ruling on whether the proposed marking "Made in Greece" is an acceptable country of origin marking for imported silver bowls, wine bottle holders and decorative articles. A marked sample was not submitted with your letter for review.

You describe the articles as household articles of 925 sterling silver. Your request indicates that you wish to mark these articles “Made in Greece” with a hangtag. We assume that there will be no other geographical reference on item.

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.

 Section 134.44 (c) states:

(c) Articles marked with tags. When tags are used, they must be attached in a conspicuous place and in a manner which assures that unless deliberately removed they will remain on the article until it reaches the ultimate purchaser.

The proposed marking of imported household articles, 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 articles, if the port director is satisfied that the article will reach the ultimate purchaser marked and that the article contains no misleading markings.

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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

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