COUNTRY OF ORIGIN MARKING OF IMPORTED PORTFOLIOS

N084082 December 11, 2009 MAR-2 OT:RR:NC:N4:441 CATEGORY: MARKING Gordon C. Anderson C.H. Robinson Worldwide, Inc. Minneapolis International 14800 Charlson Road Suite 400 Eden Prairie, MN 55347 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED PORTFOLIOS Dear Mr. Anderson: This is in response to your letter dated November 4, 2009, requesting a ruling on whether the proposed marking “Made in China” is an acceptable country of origin marking for imported portfolios if another marking “United States Government” appears on the article which is a country or locality other than the actual country of origin of the article. Marked samples were submitted with your letter for review. The submitted samples are two portfolios intended to store, protect, and display coins or paper currency. Each sample is constructed of paperboard with reinforced plastic over the paperboard. The larger item opens like a book and the smaller opens like a checkbook cover. Both articles have paper labels taped to the back cover. In both cases the label reads as follows: Certified World Reserve Monetary Exchange Collectible Valuable United States Government issued coins/currency collection protected by the portfolio Made in China The label is white and the letters are printed in black ink. The font size of each word is the same. 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. 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. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. The proposed marking of the imported portfolios, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported portfolios. We propose the following amendment to the label: Certified World Reserve Monetary Exchange Collectible Valuable United States Government issued coins/currency collection Portfolio Made in China The label size and color, as well as the font size and color, are acceptable. The placement of the label on the lower right or left corner of the back cover is sufficiently conspicuous. However, as presented to our office, the taped on label is not sufficiently permanent. We recommend either using a sticker label or permanently printing the marking onto the portfolios. 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 Vikki Lazaro at (646) 733-3041. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division