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NY I80163

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April 18, 2002

MAR-2-RR:NC:SP:222 I80163

CATEGORY: MARKING

Ms. Amanda Wilson
Dillard’s, Inc.
1600 Cantrell
Little Rock, AR 72201

RE: The Country of Origin Marking of American Santas from China.

Dear Ms. Wilson:

This is in response to your letter dated March 29, 2002, requesting a ruling on whether the proposed marking is acceptable country of origin marking for imported American Santas.

You have submitted two samples of American Santas. Style number 227TH482TT, is a 5-1/4” x 9” tabletop polyresin Santa on a wooden base. Santa is dressed in a red, white and blue American theme with an American flag and an eagle on the back of his coat. He is holding a teddy bear and an evergreen wreath. The words “God Bless America” are written on the ribbon around the wreath.

Style number 227TN522TT, is a 10” high tabletop polyresin liberty Santa on a wooden base. He is dressed in a red, white and blue theme with an eagle, an American flag. and the words “God Bless America” written on the back of his coat. Santa holds a torch in his right hand and a drum in his left arm. He also carries an American flag in his coat pocket.

The samples are returned as you requested.

The marking statute, section 304, Tariff Ac t 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 C.F.R. §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 C.F.R. §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 C.F.R. §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 134.46, Customs Regulations (19 C.F.R. §134.46), requires that in any case 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, 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 a telephone conversation with this office you indicated that the American Santas will be packaged in a window box. The box will be marked with the country of origin.

The proposed marking of the American Santas as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 C.F.R. Part 134 and is an acceptable country of origin marking.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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