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NY F86866




May 15, 2000

MAR-2 RR:NC:2:234 F86866

CATEGORY: MARKING

Mr. Stephen J. Pepi
Great Lakes Customs Brokerage, Inc.
4500 Witmer Industrial Estates
Niagara Falls, New York 14305-1386

RE: THE COUNTRY OF ORIGIN MARKING OF DAY PLANNERS, FROM CANADA

Dear Mr. Pepi:

This is in response to your letter dated May 4, 2000, on behalf of your client, Brepols, Inc., located in Markham, Ontario, Canada, requesting a ruling on whether the proposed marking "MADE IN CANADA" is an acceptable country of origin marking for imported day planners manufactured in Canada. A marked sample was submitted with your letter for review, and will be retained for reference. A sample of the packing carton (“master boxes”) to which you refer in your letter did not reach us.

The sample is a printed paper planner, or “engagement calendar”, with a plastic binding resembling “Spiral binding”, the covers of which are inserted into a leather portfolio. The planner is entitled “SLM SOFT.COM”. On the first page of the planner, inside the front cover, which page is entitled “Info 2110”, the words “MADE IN CANADA” are printed in dark ink, on a beige or ivory background, in type of a legible size, and unobstructed or concealed by any distracting background.

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 day planners, 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 day planners.

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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