NY H89606 - COUNTRY OF ORIGIN MARKING - United States International Trade Commision Rulings

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NY H89606

April 2, 2002

MAR-2 RR:NC:MM:114 H89606

CATEGORY: MARKING

Mr. Alejandro Luna
Evolution USA Inc. Technomarine
2915 Biscayne Boulevard
Suite 303
Miami, Florida 33137

RE: COUNTRY OF ORIGIN MARKING

Dear Mr. Luna:

This is in response to your letter dated March 19, 2002 requesting a ruling on the marking of your products. Two samples were submitted with your letter for review.

Sample A is a wristwatch, an additional watchband and watch case cover, a screwdriver, a warranty card and a round tin. The tin has the name “TechnoSport”® on it. The round tin with the watch, extra watchband and watch case cover, screwdriver and warranty card are packaged in a cardboard box; the card board box is not sealed. You indicate that the items are imported together and are never sold separately. The outside back of the case of the watch is engraved with the country of origin “Japan”. The watchband and the additional watchband are marked by means of self-adhesive labels with the country of origin “Made in Hong Kong” printed on the labels. The watch case cover, the screwdriver and the round tin are not marked with the country of origin.

Sample B is a fitted travel case similar to a travel jewelry case and is of a kind normally sold as such. It is made up of a paperboard base that is wholly covered on the exterior with suede leather. The interior is lined with a synthetic leather fabric and is fitted to contain a diving watch and accessories. The underside of the lid has a zippered pocket sewn into the lining within which there is a sewn in fabric label which reads “Box Made in China” in 10 point print (a point is approx. 0.01384”). The case is secured by means of a suede flap and two snap fasteners. The exterior top surface, back and flap are embossed with the name “TechnoMarine”®. The top is embossed with the trademark logo. The interior of the lid is embossed with the copyrighted name and trademark in gold tone.

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.

Regarding Sample A, you ask if you are required to mark the country of origin on the cardboard box, the round tin and the screwdriver. The round tin, the screwdriver and the watch case cover must be marked with country of origin in accordance with the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The card board box in which the round tin, watch, additional watch band, watch case cover and screwdriver are packaged does not require individual marking because the card board box is ordinary retail packaging.

For your information, in addition to the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR part 134, watches must be marked in accordance with the special marking requirements set forth in Chapter 91, Additional U.S. Note 4 of the Harmonized Tariff Schedule of the United States (HTSUSA) (19 U.S.C. 1202). This marking is mandatory. If you require a ruling on the marking of the watch under the special marking requirements of Chapter 91, please furnish a sample of the watch with the back of the watchcase opened. Also, furnish a statement regarding the type of movement incorporated in the watch and indicating the number of jewels in the movement.

Regarding Sample B, the proposed marking of the imported travel case, as described above, is not conspicuously marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. It is recommended that the sewn in label be located in a conspicuous location such as in the lid interior at a point along the bottom seam of the imitation leather lining. The print size and type of label as now shown on the sample is acceptable. The card board box in which the travel case is packaged does not require individual marking because the box is ordinary retail packaging.

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 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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