NY M86028 - THE COUNTRY OF ORIGIN MARKING OF A BOW SAW, FLORAL BYPASS PRUNER, SQUEEZE PUNCH AND MICRO-TIP SCISSOR; CALIFORNIA HEALTH/ENVIRONMENTAL LABELING. - United States International Trade Commision Rulings

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NY M86028

August 25, 2006

MAR-2 RR:NC:N1:118 M86028

CATEGORY: MARKING

Ms. Jessica T. DePinto
Hodes Keating & Pilon
134 North La Salle Street, Suite 1300
Chicago, IL 60602

RE: THE COUNTRY OF ORIGIN MARKING OF A BOW SAW, FLORAL BYPASS PRUNER, SQUEEZE PUNCH AND MICRO-TIP SCISSOR; CALIFORNIA HEALTH/ENVIRONMENTAL LABELING.

Dear Ms. DePinto:

This is in response to your letter dated August 11, 2006, requesting a ruling on behalf of your client, Fiskars® Brands, Inc., on whether the proposed marking "Made in China" is an acceptable country of origin marking for the imported products noted above. Marked samples were submitted with your letter for review and will be returned to you as requested.

The samples submitted are a 21” bow saw, floral bypass pruner-item 7923 (pruner); squeeze punch-item 12-7453, designed to punch a hand print (punch); and a 5” micro-tip scissor-item 9481 (scissors). The pruner, punch and scissors are all blister-packaged. The Fiskars’® name and Wisconsin address are printed on the back of each blister-packaged item. In close proximity to this address are the words “Made in China” in lettering that is comparable in visibility and size. In addition, there is a labeling statement relating to California Proposition 65, which is a warning statement. The warning indicates “[t]he product contains chemicals known to the state of California to cause . . .” This lettering is larger than “Made in China.” The 21” box saw is marked with a sticker label. It is located in a conspicuous place and unless deliberately removed, it will remain on the article until it is delivered to the ultimate purchaser. Immediately under the Fiskars’® name, address and phone number, in comparable lettering, are the words “Made in China.” Also noted on this sticker label are the words “NOT LABELED FOR SALE IN CALIFORNIA.”

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 items described above (pruner, punch, scissors, bow saw), 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 items. Articles subject to the special marking requirement of 19 CFR 134.43, such as the scissors, may be excepted from individual marking if the marking of their containers will satisfy the requirements of 19 CFR 134.32(d). As in all cases in which this exception is approved, the article must be imported in a properly marked container, and Customs officials at the port of entry must be satisfied that in all reasonably foreseeable circumstances the article will remain in the container until it reaches the ultimate purchaser. The California Proposition 65 Warning noted and the “Not Labeled for Sale in California” does not trigger special marking requirements since the wording does not deceive or mislead the ultimate purchaser as to the actual country of origin of the article.

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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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