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NY H84022

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July 25, 2001

MAR-2 RR:NC:MM:114 H84022

CATEGORY: MARKING

Ms. Yvonne S. Chesson
Galaxy Freight Service
153-02 Baisley Blvd.
Jamaica, NY 11434

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED EYEGLASS FRAMES

Dear Ms. Chesson:

This is in response to your letter dated July 18, 2001, on behalf of Zimco Optics Inc., requesting a ruling on whether the proposed country of origin marking is acceptable for imported eyeglass frames. The packaging of the frames contains a reference to a locality other than the actual country of origin of the article. A marked sample was submitted with your letter for review.

You submitted a representative sample of a metal eyeglass frame packaged on a card in a plastic bag. Printed on the card are Zimco Optics Inc., Brooklyn, N.Y. 11229, and the style, size and color of the frame.

The eyeglass frames have the style name, the size of the frame, the color of the frame printed on the left temple and the importer’s name and the country of origin, “Frame Korea”, printed on the right temple.

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.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

The proposed marking of the eyeglass frames imported packaged as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The frames are properly marked, however, the card must show the country of origin of the eyeglass frames in close proximity to the U.S. address.

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 Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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