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NY N002930




November 30, 2006

MAR-2 RR:E:NC:N1:105 N002930

CATEGORY: MARKING

Mr. Bill Skinner
William B. Skinner Inc.
649 Gotham Pkwy
Carlstadt, NJ 07072

RE: THE COUNTRY OF ORIGIN MARKING OF VARIOUS ITEMS

Dear Mr. Skinner:

This is in response to your letter dated November 3, 2006 requesting a ruling on whether the proposed marking "Made in Turkey" is an acceptable country of origin marking for imported items. A marked sample was not submitted with your letter for review.

Regarding the items in question, i.e., Retention Plates, Mini and Dental Container Lid and Bottom, Flat Container Perforated Bottom, and Full Size Wire Basket, you state, “All of these products are sold to the ultimate purchaser in either boxes or poly bags marked with labels as per attached which also have country of origin on them, in addition to the markings as noted.

The products are made mostly with anodized aluminum. J. Jamner is not able to etch or mark on this material. Therefore they have taken measures to mark the items on the stainless steel components on the products, such as the latches.”

It is not clear if the items are Surgical or Dental Instruments for the purposes of Customs Regulation 134.43-a (19 CFR §134.43(a).)

However, noting HRL 559588, 3-6-96, based on the information provided, if the equipment is packaged in a sealed container which will remain unopened until it is received by the ultimate purchaser, and the country of origin marking appearing on the sealed container satisfies Customs statutory and regulatory requirements, the equipment will be excepted from the special marking requirements of 19 CFR §134.43(a).

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, 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 items.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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