THE COUNTRY OF ORIGIN MARKING OF SAFETY GOGGLES AND DUST MASKS

N031777 July 23, 2008 MAR-2 OT:RR:E:NC:1:114 CATEGORY: MARKING Ms. Joan Jerome Allied International 13207 Bradley Ave. Sylmar, CA 91342 RE: THE COUNTRY OF ORIGIN MARKING OF SAFETY GOGGLES AND DUST MASKS Dear Ms. Jerome: This is in response to your letter dated June 24, 2008, requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported safety goggles and dust masks. No samples were submitted. You state that in lieu of individually marking the safety goggles model number 33851 and the dust masks model number 39917 you will be marking the retail packaging. The packaging is made of a poly bag with a color hang tag label stapled to the top. The color label describes the item and lists the origin of the goods on the back of the label. The label has the company’s name, address, and website and made in Taiwan for the goggles and made in China for the masks. In a telephone conversation with this office, you stated that the dust mask, model 39917, is made of 95 percent polypropylene and 5 percent aluminum; we assume the aluminum is the nose clip. You did not so state, but if the mask is made of nonwoven textile fabric and is intended for disposal after one-time use, it is not subject to the fiber content requirements of the Textile Fiber Products Identification Act. However, for a specific ruling on the proper marking under this Act and any Federal Trade Commission marking requirements that may exist regarding country of origin, fiber content, and other information that must appear on this textile item, you should contact the Federal Trade commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”). The goggles and masks must be marked in accordance with the marking statute, Section 304, Tariff Act of 1930, as amended (19 U.S.C. § 1304). 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. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases 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, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, 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 preceded by "Made in," Product of," or other words of similar meaning. The proposed marking of imported goggles and masks, as described above, is not acceptable. The country of origin on the label must be comparable in size to the company’s name, address and website to satisfy the marking requirements of Section 134.46, Customs Regulations (19 CFR 134.46). 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