COUNTRY OF ORIGIN MARKING OF IMPORTED LIGHTERS FROM CHINA.

N030920 June 30, 2008 MAR-2 OT:RR:NC:SP:231 CATEGORY: MARKING Roland Shrull, Esq. Middleton & Shrull 50 Mall Road, Suite 205 Burlington, MA 01803-4508 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED LIGHTERS FROM CHINA. Dear Mr. Shrull: This is in response to your letter dated June 12, 2008 requesting a ruling on whether the proposed method of marking certain boxed cigarette lighters is an acceptable country of origin marking for such imported goods. Your letter was submitted on behalf of the lighter’s designer, S.T. Dupont (Paris, France). A marked sample in its packaging was submitted with your letter for review. The sample is being returned to you as requested. The sample is a small rectangular pocket lighter measuring approximately 1¼” wide by 2” long x 3/8” thick. A trigger, in the form of a pivoting metal bar that runs along one edge of the article, can be depressed to activate the lighter. The bar is noticeably, permanently engraved with the name “S.T. Dupont,” in characters having a maximum height of approximately 1/8”. Your letter states that the country of origin marking also is “permanently stamped into the trigger of each lighter,” but we were not able to find that marking upon initial, casual examination of the sample. Further examination with the aid of a magnifying glass did reveal that the word “CHINA,” in characters somewhat less than 1/32” high, was printed on a corner edge of the trigger at the end opposite from the “S.T. Dupont” engraving. However, portions of the printed characters appeared to be missing, and further handling of the article seemed to result in additional rubbing-off of the lettering. The sample lighter (known as the “X.Tend” lighter) is presented in a fitted, hard-plastic box, which in turn is packaged in a white paperboard folding carton whose front panel is prominently printed with the name “S.T. Dupont.” Securely affixed to the exterior of one of the carton’s end flaps is a 7/8” x 2-3/8” white paper label whose upper portion is printed in black with a bar code. The phrase “DESIGNED IN FRANCE” appears below the bar code, immediately followed on the next line by the phrase “MADE IN CHINA.” The characters of both phrases are printed in black ink and are approximately 1/16” in height. 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the lighter is the consumer who purchases the product at retail. In light of the facts described above, we find that the marking on the lighter itself is not in a conspicuous place, is not legible and permanent, and cannot be easily found and read without strain. Therefore, this marking, in and of itself, would not be acceptable if the product were being imported and sold without retail packaging, or in unmarked retail packaging. However, further consideration is warranted here, since, as noted, the item is being presented in marked, individual retail cartons. An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. In this instance, we find that the above-described carton labeling satisfies this condition. Customs has previously ruled that the use of the phrase “Designed in ___ (country)” is acceptable provided the requirements of 19 U.S.C. 1304 and 19 CFR 134.46 are met. The phrase “Made in China” on the label is in a conspicuous place, legible, reasonably permanent, and can be easily found and read without strain, thus satisfying 19 U.S.C. 1304. 19 CFR 134.46, which requires that country-of-origin information be placed in close proximity to any non-origin geographic references, is satisfied here by the “Made in China” phrase that appears immediately below “Designed in France.” Accordingly, if Customs is satisfied that the article will remain in its labeled container until it reaches the ultimate purchaser, and if the ultimate purchaser can tell the country of origin of the lighter by viewing the container in which it is packaged, the individual lighter would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the retail container in which the lighter is imported and sold to the ultimate purchaser in lieu of adequately marking the article itself is an acceptable country of origin marking for the imported product, provided the port director is satisfied that the article will remain in the marked container, as described above, until it reaches the ultimate purchaser. 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 Nathan Rosenstein at 646-733-3030. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division