United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2008 NY Rulings > NY N021982 - NY N022065 > NY N022025

Previous Ruling Next Ruling
NY N022025




February 14, 2008

MAR-2 OT:RR:NC:N3:341

CATEGORY: MARKING

Ms. Antoinette McKnight
American Shipping Company, Inc.
250 Moonachie Road, 5th Floor
Moonachie, NJ 07074

RE: THE COUNTRY OF ORIGIN MARKING OF A CARRY CASE

Dear Ms. McKnight:

This is in response to your letter dated January 10, 2008, on behalf of World Partners Group, Inc., requesting a ruling on whether the proposed marking is an acceptable country of origin marking for an imported gun case. A marked sample was submitted with your letter for review. The sample which you submitted is being returned as requested.

The submitted sample is referred to as gun case. It is a bi-fold zippered case constructed of textile material. It measures approximately 10” (W) x 6” (H) x .5” (D) when closed. It features one exterior pocket. The proposed marking of the sample is printed on a 1.25” x 1.25” textile label that is sewn into the seam of the exterior pocket. The label states “Made in China” and also states the material contents of the item.

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 case, as described above, is not conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. It is not an acceptable country of origin marking for the case. The label should be placed in a location where it is conspicuous upon casual inspection by the consumer. We suggest that the label be placed in the main interior compartment of the case in a position that is easily visible to the consumer upon opening the case. It is acceptable for the country of origin marking and the content information to be printed on the same label.

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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling