NY L85344 - THE COUNTRY OF ORIGIN MARKING OF ELECTRIC HOT SMOKERS - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 2005 NY Rulings > NY L85302 - NY L85348 > NY L85344

Previous Ruling Next Ruling
NY L85344

June 14, 2005

MAR-2 RR:NC:N1:113 L85344

CATEGORY: MARKING

Ms. Karen Sladek
Almont Products, LLC
12 Hatfield Road
Oakland, NJ 07436

RE: THE COUNTRY OF ORIGIN MARKING OF ELECTRIC HOT SMOKERS

Dear Ms. Sladek:

This is in response to your letter dated May 6, 2005, requesting a ruling on whether the proposed marking "Manufactured in China" on an outer retail carton is an acceptable country of origin marking for imported electrothermic appliances. A picture of the marked carton was submitted with your letter for review.

The merchandise is the Anuka Electric Hot Smoker. The country of origin “China” will be marked on the underside of the product. On the side of the retail box along with the bar code, appears the wording:

Manufactured in China for Hydraflow Industries Ltd., New Zealand Imported and Distributed by Almont Products LLC, Oakland, New Jersey.

This wording appears in 12-point font. There are no other locality references on the box.

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.

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 imported appliances, 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 smokers.

The question of marking for the outer shipping container is being referred to the Office of Regulations and Rulings, Bureau of Customs and Border Protection, 1300 Pennsylvania Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling