THE COUNTRY OF ORIGIN MARKING OF IMPORTED GARAGE DOOR OPENER FROM CHINA

NY A81507 April 8, 1996 MAR-2 RR:NC:108:A81507 CATEGORY: MARKING Mr. Domenic Teh Sun Bay International 5300 Century Blvd. Suite 301 Los Angeles, California 90045 RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED GARAGE DOOR OPENER FROM CHINA Dear Mr. Teh: This is in response to your letter dated March 12, 1996, requesting a ruling on whether the proposed marking "ASSEMBLED IN CHINA" is an acceptable country of origin marking for an imported garage door opener if another marking "DESIGNED IN HONG KONG" appears on the article containing a reference of a country or locality other than the actual country of origin of the article. A marked sample was submitted with your letter for review. The item as described in your letter and sample submitted is a plastic garage door opener (clicker) operated by radio frequency. The opener is marked with both "ASSEMBLED IN CHINA" and "DESIGNED IN HONG KONG". Both designations are in block lettering through the marking "DESIGNED IN HONG KONG" is in larger and in bolder print than the marking "ASSEMBLED 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), requires that in any case 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, 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 precede 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. The proposed marking of the imported garage door opener, as described above, does not satisfy 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 item. Accordingly, the marking requirements, "ASSEMBLED IN CHINA" should be in the same size and print intensity as the "DESIGNED IN HONG KONG" marking on this item in order to meet these requirements. 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 Phil Carabetta at 212-466-5672. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division