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NY N011507




June 5, 2007

MAR-2 RR:NC:SP:233

CATEGORY: MARKING

Ms. Jacqueline A. Bonace
Blair Corporation
220 Hickory Street
Warren, Pennsylvania 16366-0001

RE: THE COUNTRY OF ORIGIN MARKING OF JEWELRY.

Dear Ms. Bonace:

This is in response to your letter dated May7, 2007 requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported jewelry. Marked samples were submitted with your letter for review.

A sample of Product 5122401, a necklace and earring set from China, was submitted. The necklace and earrings are attached to a 3” x 5” card. The card is then sealed inside of a clear plastic bag. This is how it will be sold to the ultimate purchaser. You ask if the following methods of marking are acceptable:

On the card will be printed “Made in China” A pressure sensitive sticker will be affixed to the card stating “Made in China” The clear plastic bag will be printed “Made in China” A pressure sensitive sticker will be affixed to the bag stating “Made in China”

A sample of Product 49254, a necklace from India, was also submitted. A plastic hanger with a plastic strip is wrapped around the necklace and secured to the top of the hanger through a slit in the plastic. The necklace and plastic hanger are inserted into a clear plastic bag. The plastic hanger is stapled to the plastic bag. This is how it will be sold to the ultimate purchaser. You ask if the following methods of marking are acceptable:

A pressure sensitive sticker stating “Made in India” will be wrapped around the necklace A pressure sensitive sticker stating “Made in India” will be affixed to the plastic hanger The clear plastic bag will be printed “Made in India” A pressure sensitive sticker printed “Made in India” will be affixed to the bag

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 imported jewelry, in all methods 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 jewelry.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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