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NY N025397

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April 16, 2008

MAR-2 OT:RR:E:NC:1:117

CATEGORY: MARKING

Chris Bell
Soft Flex Company
P.O. Box 80
Sonoma, CA 95476

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED NYLON COATED STAINLESS STEEL CRAFT and BEADING WIRE FROM CHINA.

Dear Ms. Bell:

This is in response to your letter dated March 26, 2008 requesting a ruling on whether the proposed country of origin marking for imported nylon coated stainless steel craft and beading wire is acceptable. A photo of a marked sample was submitted with your letter for review.

Spools of nylon coated stainless steel craft and beading wire are manufactured in, and imported from, China. On the front side of the spool is a colorful label where the trade name Econoflex is prominently displayed, along with the company name and website, as well as the particulars of the wire. Also, appearing on this label is the location “Sonoma, California.” Affixed on the reverse side of the spool is a label with the words “Made in China.”

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.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases 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, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, 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(s) or surface(s) in which the name or locality other than the actual country of origin appears. Therefore, the proposed marking of the subject merchandise as described above, does not satisfy the marking requirements of 19 U.S.C. 1304, specifically 19 CFR Part 134.46, and is an unacceptable country of origin marking for the imported spools of nylon coated steel craft/ beading wire from China.

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 Gloria Stingone at 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,

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