THE COUNTRY OF ORIGIN MARKING OF MINI VICTORIAN SIX SIDED BOXES AND MINI TREASURE BOXES FROM CANADA

N170855 July 15, 2011 MAR-2 OT:RR:NC:2:234 CATEGORY: MARKING Ms. Joanne Dennis Needleboxes, Etc. 4 Tatchun Road Whitestone, Yukon Territory YIA 3N9 Canada RE: THE COUNTRY OF ORIGIN MARKING OF MINI VICTORIAN SIX SIDED BOXES AND MINI TREASURE BOXES FROM CANADA Dear Ms. Dennis: This is in response to your letter dated May 27, 2011 requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported Mini Victorian Six Sided and Mini Treasure boxes. Two marked samples were submitted with your letter for review. The samples are being returned to you. 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 Mini Victorian Six Sided Box and Mini Treasure Box kits are manufactured in Canada and the instruction booklet placed in the front of the transparent package is marked “Made in Canada”. In addition to the instruction booklet, the kits contain several (paper) mat pieces, which are not marked and are sold together with the instruction booklet in a zip lock bag. In your letter, you state that the top portion of the zip lock bag will be sealed with an adhesive, thus preventing it from being reopened without damaging the bag. The importer also states that marking the (paper) mat pieces would result in an ink bleed on the paper and would show through the fabrics used to cover the paper mats, thereby ruining the final product. Two samples were submitted demonstrating the above problem. In our review of the samples submitted, we concur with the importer’s statement that the ink would show through the fabrics. The marking “Made in Canada” should appear conspicuous and legible, similar to the size and font of the model number indicated on the front of the instruction booklet in the submitted sample. In this case, the ultimate purchaser of the product is the consumer. The country of origin on the instruction booklet is clearly visible through the transparent packaging. Marking the instruction booklet rather than the individual mats is acceptable under 19 U.S.C 1304 and 19 CFR Part 134, subject to verification by the Port Director at the port of entry that the ultimate purchaser will receive the merchandise packaged in a manner consistent with the submitted sample. 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 Albert Gamble at (646) 733-3037. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division