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NY R03148




February 2, 2006

MAR-2 RR: NC: 1:108 R03148

CATEGORY: MARKING

Mr. Alfredo Camacho
Memorex products, Inc.
17777 Center Court Drive. Suite 800
Cerritos, CA 90703

RE: THE COUNTRY OF ORIGIN MARKING OF prepared unrecorded CDs and DVDs.

Dear Mr. Camacho:

This is in response to your letter dated January 23, 2006 requesting a ruling on whether the proposed marking "Made in Taiwan" is an acceptable country of origin marking for imported CDs and DVDs. A marked sample was not submitted with your letter for review. However descriptive literature was submitted indicating the proposed marking.

Prepared unrecorded CDs and DVDs are wholly produced in Taiwan and shipped in bulk to China. While in China they are merely packaged in various retail packaging for export to and ultimate sale in the United States. The media is neither assembled nor further manufactured in any way while in China. It is proposed that the retail packaging be marked with the country of origin of Taiwan. Also requested is whether the additional statement of “Packaged in China” should also be indicated on the retail packaging.

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 “Made in Taiwan” for the imported CDs and DVDs, 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 media. The additional statement of “Packaged in China” is not necessary for the marking of this product.

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 Michael Contino at 646-733-3104.

Sincerely,

Robert B. Swierupski
Director,

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