THE COUNTRY OF ORIGIN MARKING OF A WOOD CUTTING BOARD WITH A NONSKID MAT; ARTICLE 509

N039558 October 23, 2008 MAR-2 OT:RR:E:NC:2:230 CATEGORY: MARKING Mr. Robert Doyle Affiliated Customs Brokers Ltd. 411 des Récollets Montreal, Quebec H2Y 1W3 Canada RE: THE COUNTRY OF ORIGIN MARKING OF A WOOD CUTTING BOARD WITH A NONSKID MAT; ARTICLE 509 Dear Mr. Doyle: This is in response to your letter dated September 25, 2008, on behalf of your client, G. Rosenthal Import Ltd./ d.b.a. Roscan. You requested a ruling on whether the proposed marking “Made in Canada/China” is an acceptable country of origin marking for an imported wood cutting board with a nonskid PVC mat. Photographs of the product were submitted with your letter for review. The product imported from Canada consists of a wood trencher cutting board and an unattached PVC mat, packed together in transparent plastic wrapping with a printed adhesive label. The board and the mat are both rectangular and measure 20” x 16”. The cutting board is produced in Canada. The mat is produced in China and is not further cut or processed in Canada, except to be packed together with the cutting board. The cutting board and mat are put up together for retail sale to be used together for a specific purpose. They constitute a set for tariff classification purposes. The attached label is printed with a large color picture of broiled meat being cut and with “trencher cutting board” in large letters. Underneath are the words “with nonskid mat” in letters about half the size as the “trencher cutting board.” In the right corner of the label are additional descriptive words about the product, the website address of the retailer, the product identification number and code, and additional information that is not legible. You provided an enlarged close-up of this information, which reveals washing instructions, trademark information, the retailer/distributor’s name and address and finally “Made in Canada/China” in letters the same size as the distributor’s address. You specifically ask in your ruling request, (1) if the product label must indicate the Canadian country of origin, (2) if the adhesive label is acceptable, (3) if the letter sizing of the country of origin currently on the label is large enough, and (4) if the lettering of the country of origin marking must be the same size or bigger than the address of the distributor on the label. 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. The country of origin marking requirements for a “good of a NAFTA country” are also determined in accordance with Annex 311 of the North American Free Trade Agreement (“NAFTA”), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations. Section 102.17, Customs Regulations, states that “ a foreign material shall not be considered to have undergone an applicable change in tariff classification specified in § 102.21 or § 102.21 or to have met any other applicable requirements of those sections merely by reason of one or more of the following: (c) Simple packing, repacking or retail packaging without more than minor processing.” Section 102.11 (c), Customs Regulations, states that “Where the country of origin cannot be determined under paragraph (a) or (b) of this section and the good is . . . classified as a set, mixture or composite good pursuant to General Rule of Interpretation 3, the country of origin of the good is the country or countries of all materials that merit equal consideration for determining the essential character of the good.” The PVC mat, although not imparting the essential character to the imported product, is nevertheless a significant feature of the product, meriting consideration. Therefore, based on Section 102.11 (c), Customs Regulations, the respective countries of origin of both the wood board and the PVC mat must be noted on the imported product. 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 134.41(a), Customs Regulations (19 CFR 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 CFR 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 adhesive label attached to the board and wrapped in transparent plastic is a sufficiently permanent method of marking the imported merchandise. However, the current marking on the merchandise is not legible because of its small unreadable size. 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. Although the current marking is of comparable size to the American locality, it is nevertheless, illegible. To meet the requirements of the marking statute, it must first be legible. Therefore, in order to satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, the imported trencher cutting board with the PVC mat must be marked more legibly, in larger letters, as follows: “Board Made in Canada” and “Nonskid Mat Made in China” or in similar words describing the products with their countries separately. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181). 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 Paul Garretto at (646) 733-3035. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division