THE COUNTRY OF ORIGIN MARKING OF “Swipper Icy Pops” FROM SWEDEN

N131795 November 30, 2010 MAR-2 OT:RR:NC:2:228 CATEGORY: MARKING Ms. Eva Gregers Jorgensen EGJ Import & Export 25 River Road Wilton, CT 06897 RE: THE COUNTRY OF ORIGIN MARKING OF “Swipper Icy Pops” FROM SWEDEN Dear Ms. Jorgensen: This is in response to your letter dated November 3, 2010, requesting a ruling on whether the proposed marking of “Swipper Icy Pops” is an acceptable country of origin marking. Two images of the proposed packaging for the US market were submitted with your letter for review. A sample of the retail package sold in other countries was provided for illustrative purposes. A tariff classification ruling for this merchandise was issued to you on August 12, 2010, file no. N117695. “Swipper Icy Pops” are colored and flavored liquids in flat, rectangular, unmarked plastic film tubes, twelve tubes packed in a sealed plastic bag for retail sale. Two different retail packs are proposed, different only in the flavors of the pops contained within. The packages are composed of three panels – a colorfully illustrated front panel and two columns of text information on the back. The front panel is printed with the product name (Swipper Icy Pop), flavors (Original – Peach, Cola, Raspberry or Tutti Frutti – Cola, Tutti Frutti, Strawberry), a drawing of a polar bear holding and eating the product in its frozen state, illustrations of the ice pops and how to release the frozen product from its tube, and the contents and net weight of the package. On the back of the package, one column provides an ingredients statement in four languages – Swedish, Danish, Finnish and German. The other column provides the ingredients statement in English, the “Nutrition Facts” box, the words “Produced by” in English and four other languages, followed by “Source Food AB, Sweden”, and the manufacturer’s telephone, website address and e-mail in English; below this, “Consumer contact” information for the United States is presented as “USA: Imported by: EGJ Import & Export LLC, P.O. Box 54, Wilton CT 06897.” and the contact information for five other countries is also provided. The “Produced by…” and “Consumer contact…” text are printed in the same size and style. 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. Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case 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 in which the article was manufactured or produced, appears on an imported article or its container, 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 or other than the actual country of origin appears. The proposed retail packaging of the “Swipper Icy Pops”, as described above, is conspicuously, legible 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 “Swipper Icy Pops”. 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 Stanley Hopard at 646-733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division