NY N010309 - THE COUNTRY OF ORIGIN MARKING OF INSTANT MOBILE DEVICE CHARGER – I RENEW (MODEL # NRG-01) AND AN LED CRANK FLASHLIGHT AND CELL PHONE CHARGER (MODEL # NRG-03) - United States International Trade Commision Rulings

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NY N010309

May 7, 2007

MAR-2 RR:NC:N1:109

CATEGORY: MARKING

Ms. Maria Horruitiner
Import Director – MIA
Atty-in-Fact
EGL Global Brokerage
1801 NW 82nd Avenue
Miami, FL 33126

RE: THE COUNTRY OF ORIGIN MARKING OF INSTANT MOBILE DEVICE CHARGER – I RENEW (MODEL # NRG-01) AND AN LED CRANK FLASHLIGHT AND CELL PHONE CHARGER (MODEL # NRG-03)

Dear Ms. Horruitiner:

This is in response to your letter dated April 13, 2007, on behalf of your client Renewable Energy Technology LLC, requesting a ruling on whether the proposed marking is an acceptable country of origin marking for the imported Instant Mobile Device Charger – I Renew, Model # NRG-01 and an LED flashlight and cell phone charger, Model # NRG-03. A marked sample of the NRG-01 Model was submitted with your letter for review. However, only a photograph of the NRG-03 Model was furnished.

Your submission also asked if the issue was of any trademark violation. Trademark inquiries are handled by the Intellectual Property Rights Branch. If you wish to seek a response to your inquiry, you can address your question to: U.S. Customs and Border Protection, Office of Regulations and Rulings, 1300 Pennsylvania Avenue, NW, Mint Annex, Washington, DC 20229, Attn: IPR Branch.

The Instant Mobile Device Charger – I Renew, Model NRG-01 provides immediate power and/or charges the battery within a cell phone, iPod shuffle, iPod nano, MP3, MP4, a PDA, etc. It requires 1 AA battery to provide immediate and charging power. The back of the retail packaging panel was marked “Made in China for Renewable Energy Technology LLC.”

The LED flashlight and cell phone charger, Model NRG-03 consists of an LED flashlight and a cell phone charger with adaptors that are compatible for use with Nokia, Motorola, Samsung, Siemens, Sony, and Ericsson cell phones. This item does not require a battery to function. It has a manual hand crank, which when wound, recharges the battery for the LED flashlight and the recharging unit. The back of the retail packaging is marked “Renewable Energy Technology LLC, Miami, FL, with words, “Made in China”, in bold print, in a larger font size, and next to the name of the U.S. locality.

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.

Additionally, Section 134.46 of the Customs Regulations (19 CFR 134.46) provides that in any case where the words "U.S.," "American," or any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on any imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and at least in a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning.

The proposed marking for the Instant Mobile Device Charger – I Renew, Model # NRG-01, 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. As such, it is an acceptable country of origin marking for the imported Instant Mobile Device Charger – I Renew, Model # NRG-01.

Although the proposed marking on the back of retail packaging panel for the LED flashlight and cell phone charger, Model # NRG-03, bears the name of a U.S. locality, Miami, FL, the words “Made in China” appears in bold letters, in a larger font size, and in close proximity to the U.S. locality. The proposed marking is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. As such, it is an acceptable country of origin marking for the LED flashlight and cell phone charger, Model # NRG-03.

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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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