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NY L89723




January 19, 2006

MAR-2 RR:NC:SP:233 L89723

CATEGORY: MARKING

Ms. Holly Garza
High Desert CHB Inc.
1291 West 12600 South, Suite 102
Riverton, UT 84065

RE: THE COUNTRY OF ORIGIN MARKING OF SILICONE WRISTBAND BRACELETS

Dear Ms. Garza:

This is in response to your letter dated January 6, 2006 requesting a marking ruling. A marked sample was submitted with your letter for review.

The article in question is a wristband bracelet made of silicone sealed in a clear flat cellophane bag. The bracelet measures ½” in width by 8” in circumference. The inside of the bracelet is marked “MADE IN CHINA” with molded in marking. The marking is a 9-point font size (1/8”). You inquire as to whether the proposed marking is an acceptable country of origin marking.

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.

Based on examination of the marked sample, the silicone wristband bracelet is not conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 because the marking is not sufficiently conspicuous as the lettering is of the same color (not contrasting). Therefore, the marking is not an acceptable country of origin marking. To satisfy the requirements of 19 U.SC. 1304 and 19 CFR Part 134, either a molded-in marking with a contrasting color or a sticker with “Made in China” and affixed to the innermost container, in this case the clear cellophane bag containing the article itself, will suffice the marking requirements.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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