Country of Origin Marking of Certain Imported Toy Building Blocks

N132559 December 8, 2010 MAR-2 OT:RR:NC:N4:424 CATEGORY: MARKING Mr. John Peterson Neville Peterson LLP 17 State Street – 19th Floor New York, NY 10004 RE: Country of Origin Marking of Certain Imported Toy Building Blocks Dear Mr. Peterson: This is in response to your letter dated October 25, 2010, on behalf of MEGA Brands, requesting a ruling on whether the proposed marking “Components Made in Canada and China” on the packaging is an acceptable country of origin marking for imported toy building blocks in lieu of marking each individual block separately. A marked sample was not submitted with your letter for review. In your request you state that MEGA Brands imports various plastic toy building blocks in various shapes and sizes sold under the MEGA BLOKS trademark. Some are designed solely for free form building and others, some of which incorporate licensed properties, are designed to produce specific toys such as replicating certain battle equipment and scenes from the HALO video games. These products, of varying piece counts, will contain blocks originating from both China and Canada. All of the blocks are packaged for retail sale at your client’s factory in Canada prior to importation to the United States. 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the toy building blocks by viewing the container in which it is packaged, the individual toy building blocks would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Based on the circumstances provided, since the toy building blocks will be shipped to the United States and will remain in its sealed retail packaging until it reaches the ultimate purchaser, marking the container or packaging in lieu of marking each individual toy building block would be acceptable. The proposed phrase “Components Made in Canada and China” would be an acceptable country of origin marking as long as each set will contain pieces from both countries listed on the retail packaging. This marking must be conspicuous, legible and permanent in satisfaction of 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 James Forkan at (646) 733-3025. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division