THE COUNTRY OF ORIGIN MARKING OF CARRY CASES

N181037 August 19, 2011 MAR-2 OT:RR:NC:N4:441 CATEGORY: MARKING Lisa Bieda Phoenix International Freight Services, Ltd. 1501 N. Mittel Blvd, Suite A Wood Dale, IL 60191 RE: THE COUNTRY OF ORIGIN MARKING OF CARRY CASES Dear Ms. Bieda: This is in response to your letter dated August 16, 2011, requesting a ruling on whether the proposed marking “Made in China” is an acceptable country of origin marking for imported carry cases. Marked samples were submitted with your letter for review. You have submitted samples of two carry cases that you state will be shipped to the manufacturers of medical devices in the United States after importation. The cases will be constructed of either polyester or nylon textile material. They measure approximately 4” x 5” x 1”. They each feature three sided zipper closures, an exterior carry strap, interior elastic slots, and one mesh interior zippered pocket. Each case has a black textile label with the words “Made in China” in white letters. These labels are inside the mesh pockets. You have also included black zipper pulls with the etched letters “Made in China.” These zipper pulls are not attached to the submitted samples. 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 the imported case, as described above including the textile label with the words “Made in China,” 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 . If the cases were marked only with the zipper pull they would not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and would not be an acceptable country of origin marking for the imported cases. 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 Vikki Lazaro at (646) 733-3041. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division