THE COUNTRY OF ORIGIN MARKING OF CONTACT LENSES

N059796 June 4, 2009 MAR-2 OT:RR:E:NC:4:414 CATEGORY: MARKING Mr. Richard T. Casey CIBA Vision Corporation 11460 Johns Creek Parkway Duluth, GA 30097 RE: THE COUNTRY OF ORIGIN MARKING OF CONTACT LENSES Dear Mr. Casey: This is in response to your letter dated May 6, 2009, requesting a ruling on whether the proposed marking “Made in US, Made in DE or Made in SG” is an acceptable country of origin marking for imported contact lenses. Marked samples were not submitted with your letter for review. The Dailies contact lenses will be manufactured by CIBA Vision in the United States, Germany and Singapore. The lenses will be packed in a paperboard carton that will contain one or more contact lenses. Each lens will be individually packed with saline solution in a clear plastic shell with an aluminum foil lid. Both the packs and the foil lid on the individual lenses are imprinted with the product information including lens parameters, lot numbers, expiration dates and the country of origin. You state that CIBA Vision is considering the use of two letter country code as a supplement to the unabbreviated country of origin. The picture of the packaging which was submitted with your letter shows the three countries of manufacturing. They are listed beneath each other on one side of the packaging as “US – USA”, “DE – Germany”, “SG – Singapore”. On the opposite side of that, in close proximity, you propose to include “Made in US”, “Made in DE” or “Made in SG” respectively. 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 134.41(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 proposed marking “Made in DE” or “Made in SG” for imported contact lenses is not an acceptable country of origin marking. Your letter states that this merchandise will be manufactured in Germany or Singapore. We find that the abbreviations “DE or SG” are not acceptable because they do not unmistakably designate the country of origin to the ultimate purchaser. In order to satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR 134, the contact lenses should be marked “Made in Germany” and “Made in Singapore” respectively. Regarding the proposed marking Made in “U.S.”, the Federal Trade Commission has jurisdiction over whether or not goods can be marked “Made in the U.S.A.” and should be contacted in regards to that question. We suggest that you contact the FTC Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. 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