THE COUNTRY OF ORIGIN MARKING OF TAPE PRODUCTS FROM CANADA

N157336 April 22, 2011 MAR-2 OT:RR:NC:N4:421 CATEGORY: MARKING Ms. Darlene DiBernardo A.N. Deringer, Inc. DLCG 173 West Service Road Champlain, NY 12919 RE: THE COUNTRY OF ORIGIN MARKING OF TAPE PRODUCTS FROM CANADA Dear Ms. DiBernardo: This is in response to your letter dated March 29, 2011, on behalf of Canadian Technical Tape Ltd., Canada, requesting a ruling on whether the proposed marking is acceptable country of origin marking for imported tape products. A marked sample was not submitted with your letter for review. 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 tape products are manufactured in Canada and currently are marked “Made in Canada.” However, the products will be marketed to countries other than the United States, some of which require other qualifying language. You have proposed four alternate labeling statements and you request a ruling as to whether these markings would still satisfy the U.S. country of origin marking requirements. The suggested statements include the following: Made in Canada with Canadian and globally sourced materials; Made in Canada with Canadian, US and overseas raw materials; Made by Canadian Technical Tape Ltd., Montreal, QC Canada; and Manufactured in Canada with Canadian and foreign materials. Each of the proposed markings described above satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and each of the proposed markings is an acceptable country of origin marking for the imported tape products. 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 Joan Mazzola at (646) 733-3023. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division