THE COUNTRY OF ORIGIN MARKING OF BOLLÉ SUNGLASSES AND SUNGLASSES CASE.

N014694 August 10, 2007 MAR-2 RR: NC: 1:114 CATEGORY: MARKING Ms. Sandy Wieckowski Expeditors Tradewin, LLC 11101 Metro Airport Center Drive Bldg. M2, Suite 110 Romulus, MI 48174 RE: THE COUNTRY OF ORIGIN MARKING OF BOLLÉ SUNGLASSES AND SUNGLASSES CASE. Dear Ms. Wieckowski: This is in response to your letter dated June 22, 2007, on behalf of Bushnell Corporation, requesting a ruling on whether the proposed marking "China" and “Case Made in China” are acceptable country of origin marking for imported Bollé sunglasses and sunglasses case. Marked samples were submitted with your letter for review. Item number 10817 consists of a pair of Bollé sunglasses, a cleaning cloth, and a “Bollé” brand logo advertising sticker. They are imported in a manmade textile fiber sunglass case. The sunglass case containing the sunglasses, cleaning cloth and the advertising sticker are packaged in unsealed cardboard box. The sunglasses are marked with “China” on the inside of the left temple. The sunglass case is marked “Case Made in China” on the inside. The cardboard box you referred to as a “gift box” shows geographic locations in Kansas and France, in addition to “Printed in China” marking. You have indicated that the unsealed “gift box" is intended to remain open for the convenience of the consumer to inspect the product prior to purchasing. 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. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 C.F.R. §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 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. As provided in section 134.41(b), Customs Regulations (19 C.F.R. §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. In HQ 733940, of October 24, 1991, Customs Headquarters described certain factors that need to be considered in determining if the country of origin marking on an article is conspicuous within the meaning of 19 C.F.R. §134.41 and 19 U.S.C. §1304. Among the factors that should be considered are the size of the marking, the location of the marking, whether the marking stands out, and the legibility of the marking. The size of the marking should be large enough so that the ultimate purchaser can easily see the marking without strain. The location of the marking should be in a place where the ultimate purchaser could expect to find the marking or where he/she could easily notice it from a casual inspection. Whether the marking stands out is dependent on where it appears in relationship to other print on the article and whether it is in contrasting letters to the background. No single factor should be considered conclusive by itself in determining whether a marking meets the conspicuous requirement of 19 C.F.R. §134.41 and 19 U.S.C. §1304. Instead, it is the combination of these factors which determines whether the marking is acceptable. In some cases, a marking may be unacceptable even when it is in a large size because the letters are too hard to read or it is in a location where it would not be easily noticed. In other cases, even if the marking is small, the use of contrasting colors, which make the letters particularly stand out, could compensate to make the marking acceptable. In applying these factors to the instant Bollé sunglasses and the sunglass case, we find that the marking is not acceptable. Regarding the sunglasses, the marking is not in a contrasting color. Regarding the sunglass case, the marking is not in a conspicuous location and is not in a contrasting color. The ultimate purchaser would have to strain to see the marking. The indication of the country of origin is not visible upon a casual inspection. The cardboard box, which you refer to as a “gift box” displays two geographic locations, one in Kansas and one in France, in addition to “Printed in China” marking. The Customs Service has recognized that the presence of a geographic location other than the country in which the article was produced on an imported article or its container may mislead the ultimate purchaser as to the true country of origin. Thus, in cases where the name of a location 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, section 134.46, Customs Regulations (19 CFR 134.46), provides that there shall appear, legibly and permanently, in close proximity to such words, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. The proposed marking of the imported Bollé sunglasses, sunglass case, and the “gift box” as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not acceptable country of origin marking for the imported Bollé sunglasses, sunglass case, and “gift 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 Barbara Kiefer at 646-733-3019. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division