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NY G83408




October 26, 2000

MAR-2 RR:NC:N1:113 G83408

CATEGORY: MARKING

Ms. Marie Dutour
Lots of Pulp
9 South Antigo Ct.
Greer, SC 29650

RE: THE COUNTRY OF ORIGIN MARKING OF GIFTWARE ITEMS

Dear Ms. DuTour:

This is in response to your letter dated October 4, 2000, requesting a ruling on an acceptable country of origin marking for imported giftware. Unmarked samples were submitted with your letter for review.

The merchandise consists of a number of “Rolling” gift products. These include Rolling Drinking Glasses, Rolling Picture Displays, Rolling Salt and Pepper Shakers and Rolling Paper Clip Holders. The articles consist of toy or model cars that have attachments that make them useful for other purposes.

In NY G81220, we had ruled on the classification of the items, except the Rolling Salt and Pepper Shakers. That will be addressed in a separate letter. In your follow-up letter, you indicate that the items will be made in France, rather than in China, as we had stated in our letter. The samples you provided, however, are not marked with any country of origin.

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.

Before importing the goods, we suggest you contact your local Customs port for advice on other acceptable methods of marking your items.

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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