NY N008052 - The COUNTRY OF ORIGIN MARKING OF GLASS CHRISTMAS TREE ORNAMENTS FROM CHINA. - United States International Trade Commision Rulings

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NY N008052

March 16, 2007

MAR-2 RR:NC:N2:225

CATEGORY: MARKING

Mr. Jon Combs
Old World Christmas
P.O. Box 8000
Spokane, WA 99203-0030

RE: The COUNTRY OF ORIGIN MARKING OF GLASS CHRISTMAS TREE ORNAMENTS FROM CHINA.

Dear Mr. Combs:

This is in response to your letter dated March 7, 2007, requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported glass Christmas tree ornaments.

You have submitted a marked representative sample, item # 40109, Fireman Santa, for review, which is being retained by this office. The sample consists of a glass fireman that measures approximately 4-3/4” in height with a Dalmatian molded to his left side and a fire hydrant molded to his right side. The fireman wears a red fire hat with an attached gold ornament “crown” to which is attached a hanging loop. You indicate in your letter that you sell this ornament (and others) at the wholesale level to retail stores for sale as Christmas tree decorations. You further indicate that these ornaments are sold loose at the retail level without any packaging, usually from a display tree, a peg on a wall, or from inside a basket.

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), requires that in any case 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, 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 or surface in which the name or locality other than the actual country of origin appears.

The submitted sample fails to meet the marking requirements of section 134.41(b), Customs Regulations (19 CFR 134.41(b)), which requires that 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 [emphasis added].

In the case of the instant merchandise, the marking “Made In China” is etched in gold on the ornament’s gold crown, which causes the gold lettering to blend into the gold crown. In addition, the lettering is so small (measuring approximately 1mm in height) that the unaided eye cannot read it. Therefore, the ultimate purchaser would be unable to “find the marking easily and read it without strain.”

To remedy this, since the ornament will be sold loose, the ornament itself must be marked. Acceptable marking would include a sticker, label or hangtag on the ornament with the lettering of sufficient size and font that the ultimate purchaser could find the country of origin marking (“Made in China”) easily and read it without strain.

For more information on acceptable marking of glass Christmas tree ornaments, please refer to HQ ruling 563007 dated July 14, 2004.

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 Wayne Kessler at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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