The Country of Origin Marking of a Loose-leaf Binder from Thailand

NY E80301 April 6, 1999 MAR-2-48:RR:NC:2:234 E80301 CATEGORY: Marking Mr. Glenn A. Tanzman Director of Operations Blumberg Excelsior, Inc. 62 White Street New York, N.Y. 10013 RE: The Country of Origin Marking of a Loose-leaf Binder from Thailand Dear Mr. Tanzman: This is in response to your letter dated March 29, 1999, requesting a ruling on whether the proposed marking, “Made in Thailand” is an acceptable country of origin marking for imported loose-leaf binders. A marked sample was submitted with your letter for review. It will be retained for reference. The sample is a paperboard two-hole loose-leaf binder with a pressure-bar lock mechanism which compresses the bound pages. It is imported containing only one bound page, which is entitled “Instructions”, and which is printed with four (4) paragraphs of instructions on the proper use of the lock mechanism. At the bottom right of this instruction page is a copyright claim, (c) 1999 by Blumberg Excelsior, Inc., N.Y.C. 10013. At the bottom left of this instruction page is a printed statement, “Made In Thailand”, in black ink on a white background, in type larger than the type used for the copyright claim. 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 134.44, Customs Regulations (19 C.F.R. §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 (as described above) of imported loose-leaf binders, is conspicuous, legible and permanent, in satisfaction of the marking requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 134 and is an acceptable country of origin marking for the imported binders. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter 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 this ruling, contact National Import Specialist Carl Abramowitz, at (212) 637-7060. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division