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NY K82221




January 29, 2004
MAR-2 RR:NC:SP:221 K82221

CATEGORY: MARKING

Ms. Patty Kittel
Target Customs Brokers, Inc.
1000 Nicollet Mall
Minneapolis, MN 55403

RE: THE COUNTRY OF ORIGIN MARKING OF PLASTIC SALAD TONGS AND LETTUCE KNIFE SET.

Dear Ms. Kittel:

This is in response to your letter dated December 19, 2003, filed on behalf of Target Corporation, requesting a ruling on country of origin marking for a plastic salad tong and lettuce knife set. A marked sample was submitted with your letter for review.

The plastic salad tongs and lettuce knife are both composed entirely of plastics. There are no metal working edges or blades. The sample salad tongs and knife are secured by plastic ties to a cardboard package which can be hung from a hook to display the set. The tongs and knife are not marked with the country of origin. You ask if it is acceptable to mark the cardboard display package instead of the salad tongs and lettuce knife.

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.

You ask whether the plastic knife is subject to the special marking rules for metal knives that are outlined in 19 CFR Part 134. Plastic knives are not subject to these special rules. The country of origin marking requirements will be satisfied as long as the set is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Marking of the cardboard display package is acceptable as long as the salad tongs and lettuce knife are sold on the marked display.

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 Joan Mazzola at (646) 733-3023.

Sincerely,

Robert B. Swierupski
Director,

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