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NY N025734

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April 22, 2008

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

CATEGORY: MARKING

Mr. John Mulvihill
UPS Supply Chain Solutions
One UPS Way
Champlain, NY 12919

RE: THE COUNTRY OF ORIGIN MARKING OF JEWELRY BOXES

Dear Mr. Mulvihill:

This is in response to your letter dated April 2, 2008, on behalf of Impenco, Ltd., requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported jewelry boxes. A marked sample was submitted with your letter for review.

The two submitted samples are jewelry boxes constructed with an outer surface of plastic sheeting material. Box “B” measures approximately 2” x 2” x 1.5.” There is a white sticker attached to the bottom of the box with the words “Made in China” and “Impegno Box” printed in black letters. The sticker measures about .5” wide. The words “Made in China” are legible and conspicuous. The sticker appears to be sufficiently strong to adhere to the box until it reaches the ultimate consumer. Box “A” is not marked.

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 box “B”, 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 box.

The proposed marking of imported jewelry box “A”, 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 and is not an acceptable country of origin marking for the imported box.

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,

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