THE COUNTRY OF ORIGIN MARKING OF IDENTIFICATION CASE

N100176 April 29, 2010 MAR-2 OT:RR:NC:N4:441 CATEGORY: MARKING Jason Nichols Coach Services, Inc. One Coach Way Jacksonville, FL 32218 RE: THE COUNTRY OF ORIGIN MARKING OF IDENTIFICATION CASE Dear Mr. Nichols: This is in response to your letter dated April 1, 2010 requesting a ruling on whether the proposed marking “Made in China” is an acceptable country of origin marking for an imported identification case. A marked sample was submitted with your letter for review. The submitted sample is an identification case constructed with an outer surface of embossed plastic sheeting material. It measures 4” (H) x 2.5” (W). On one side it has a pocket with a transparent window for displaying identification and on the other side there are two credit card slots. You have provided two proposed country of origin markings. The first is on the outside of case. There are the words “MADE IN CHINA” embossed in colorless letters that are approximately 3mm in height. The second proposal is a black textile tag attached to the case inside the second credit card slot. The textile tag has the words “MADE IN CHINA” printed in white lettering. 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 two proposed country of origin markings on the submitted identification case, as described above, are not conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and are not acceptable country of origin markings for the imported identification case. We suggest you position the black textile tag (described above) inside the identification pocket under the transparent window in such a way as to allow it to be completely visible to the consumer at the point of purchase without having to search for the tag or manipulate the pocket. 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