Country of Origin Marking of Sunglasses, Cases and Micro-fiber Pouches

N074884 September 29, 2009 MAR-2 OT:RR:NC:4:414 CATEGORY: MARKING Ms. Desiree J. Berg Aussie Eyewear Limited 2943 Brahms Lane Woodstock, IL 60098 RE: Country of Origin Marking of Sunglasses, Cases and Micro-fiber Pouches Dear Ms. Berg: This is in response to your letter dated August 26, 2009 requesting a ruling on your proposed country of origin marking of sunglasses, a hard shell zipper case (referred to as the sports zip case) and a micro-fiber pouch. The sunglasses, the hard shell case and the micro-fiber pouch will be imported packaged together. This office previously issued a marking ruling to your company, NY Ruling N063775 dated June 30, 2009. In this ruling, we determined that the marking of the Ugly Fish Riderz line of sunglasses did not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. You now propose a different method of marking. You submitted a sample of the sunglasses, the hard shell case and the micro-fiber pouch. The samples will be returned to you as requested. The sunglasses are made in Taiwan. They are permanently marked by silk-screening in a contrasting color (white lettering on the black background) on the right temple (the side piece) with the word “AUSTRALIA”. Also, the words “Australian Safety Standard AS NZS 1337-1992” are permanently marked on the right temple. You suggest using a paper hangtag with the words “Eyewear Made in Taiwan, Distributed by Aussie Eyewear Limited, P.O. Box 3477, Pahrump, NV 89041, 888 4593477”. You refer to the tag as a temple tag and state that it will be hanging directly in the area of the temple that reads “AUSTRALIA”. An actual sample of the tag, marked as stated above, was not submitted. The hard shell case and the micro-fiber pouch are made in China. The submitted samples are not marked with country of origin, however, you suggest using small super adhesive stickers printed with the words “Made in China” on the inside of the hard shell case and on the tag of the micro-fiber pouch. The packaging is made of cardboard and will not be sealed. You suggest marking the carton with the words “Eyewear Made in Taiwan” above the model number and the UPC code and pricing. 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 of the sunglasses, as described above, is confusing and does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The country of origin of the sunglasses is Taiwan. The word “AUSTRALIA” must be removed from the temple. The words “Australian Safety Standard AS NZS 1337-1992” trigger the marking requirements of 19 CFR 134.46, which require that the country of origin be shown in close proximity to that non-origin geographic reference, in letters of a comparable size, with the words “Made in”, “Product of” or similar words and the actual country of origin. As stated above, you submitted an unmarked sample of a hard shell sunglass case (black) and an unmarked sample of a micro-fiber sunglass pouch. You also submitted a third sample, which is a marked sunglass case. The third sunglass case (blue) has a transparent sticker with white lettering that states “CASE MADE IN CHINA”. You do not intend to import the third item but rather have included it to demonstrate how you may chose to mark and import your own hard shell sunglass case. The two hard shell sunglass cases are constructed of different fabrics. While the size and color of the lettering of the sticker appears to be adequately legible and of an acceptable size, it is not clear whether or not that sticker would adhere properly to the fabric of the hard shell sunglass case you intend to import (the black case). When we attempted to affix the sticker to your hard shell sunglass case, it did not adequately adhere to the case. In order to issue a marking determination, we will need a sample of the exact merchandise you intend to import, exactly as you intend to mark it. Also, we will need a sample of the micro-fiber pouch, marked with country of origin in the exact manner that you intend to mark it for importation. When these samples become available, please resubmit your request. Regarding the proposed marking of the cardboard box, the words “Eyewear Made in Taiwan” does not adequately disclose the country of origin of the products packaged in the box, as the hard shell case and the micro-fiber pouch are not made in Taiwan. Accordingly, the marking of the cardboard box does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. 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