THE COUNTRY OF ORIGIN MARKING OF STAPLES’ ARC CUSTOMIZABLE NOTEBOOKS

N117981 September 2, 2010 MAR-2 OT:RR:NC:N2:234 CATEGORY: MARKING Ms. Tracey Topper Gonzales Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor New York, NY 10022-4877 RE: THE COUNTRY OF ORIGIN MARKING OF STAPLES’ ARC CUSTOMIZABLE NOTEBOOKS Dear Ms. Gonzales: This is in response to your letter dated August 4, 2010 requesting a ruling on whether the proposed marking of “Binder and Rings set” is an acceptable country of origin marking for imported “Staples’ ARC Customizable Notebooks”. A marked sample was not submitted with your letter for review. In your letter dated July 1, 2010, you requested that this office rule whether the proposed marking on a bellyband that would be included in the notebook/binder set would be considered legally marked at the time of importation. You stated that each of the notebook/binder sets will be packed with a bellyband for retail sale, of which the bellyband will remain with the product through distribution and sale to the retail consumer. You further stated that you proposed the goods be marked “Binder and Rings Made in China, Filler Paper Made in Singapore” solely on the bellyband. 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 imported notebook/binder sets, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported notebook/binder sets. 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 Patricia Wilson at (646) 733-3037. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division