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NY K81695




February 5, 2004
MAR-2 RR:NC:3:353 K81695

CATEGORY: MARKING

Mr. Michael J Keegan
Schenker, Inc.
Alexander Court One
Bay 1-5
850 Calcon Hook Road
Sharon Hill, PA 19079

RE: THE COUNTRY OF ORIGIN MARKING OF AN “EASY TUBE”

Dear Mr. Keegan:

This is in response to your letter dated December 22, 2003, received in this office on January 9, 2002, on behalf of BMW of North America, requesting a ruling on whether the proposed marking "Made in Spain" on a hang tag, within a retail package, is an acceptable country of origin marking for imported “Easy Tubes.” A marked sample was submitted with your letter for review.

The “Easy Tube” is a knit item that is circular in shape. You state that it is worn by motorcycle riders around the neck as a protection against the cold and damp. A hang tag with the marking “Made in Spain” is secured to the item, which is in turn packaged on a cardboard insert that is wrapped in plastic and ready for retail sale. The country of origin marking can be easily seen through the plastic wrap.

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 the imported “Easy Tube,” as described above, is conspicuously, legibly and permanently marked 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 “Easy Tube.”

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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