COUNTRY OF ORIGIN MARKING OF IMPORTED HOOK ON CHAIR FROM CHINA

N193135 December 8, 2011 MAR-2 OT:RR:NC:N4:433 CATEGORY: MARKING Joseph Schmidt CHB Manager NYC/EWR JAS Forwarding (USA), Inc. 65 Roosevelt Avenue, Suite 200 Valley Stream, NY 11581 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED HOOK ON CHAIR FROM CHINA Dear Mr. Schmidt: This is in response to your letter dated November 7, 2011, on behalf of Inglesina USA Inc., requesting a ruling on whether the proposed marking, Made in China for L'Inglesina Baby S.p.A., is an acceptable country of origin marking for the “M'HOME: Fast table seat” if other markings appear on the article which is a country or locality other than the actual country of origin of the article. A marked sample of the seat and retail packaging box was submitted with your letter for review. Inglesina USA operates as a subsidiary of L'Inglesina Baby S.p.A., Altavilla Vicentina (VI), Italy. L'Inglesina manufactures and supplies baby products. Documentation provided by Ingelsina USA, Secaucus New Jersey, indicates that item number AY90D3ORNUS – MHOME Orange was shipped from L'Inglesina, Italy and received by Ingelsina USA. The hook on chair (table seat) is part of the “M'HOME baby home collection.” An examination of the seat itself yields a country of origin marking, “designed in Italy made in China,” on the non-visible underside of the seat. There are warning labels which are affixed to the inside leg straddle and the underside pocket of the seat. Four identical stick-on labels were furnished inside the box, of which no explanation was provided as to their placement either on the seat itself or retail packaging box, or both. The stick-on labels in pertinent part state: Made in China for L'Inglesina Baby S.p.A., and list the foreign address and country Italy. The two shorter sides of the retail packaging box have the name, address and country (Italy) of L'Inglesina Baby S.p.A; the longer front of the box, lower left corner, has the markings Made in China for L'Inglesina Baby S.p.A, while the center of the longer front of the box has a label with name, address and country (Italy) of L'Inglesina Baby S.p.A; the longer backside of the box has no name, address or country listed for either the foreign shipper or importer; and the top and bottom of the box has no name, address or country listed for either the foreign shipper or importer. Photos depicting the table seat and the trademark Inglesina are printed on all sides of the box, as well as, the top and bottom of the box. 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 the table seat will be sold in its retail packaging box, the article itself is excepted from being marked – see 19 CFR 134.32 (d) “General exceptions to marking requirement.” Never the less, in a conspicuous place, the marking of the “country of origin” on the retail packaging box is required and in a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. 19 CFR 134.41 (b), provides that 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. Further provided, 19 CFR 134.46, deals with cases 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 locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, 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. Consistent with 19 CFR 134.41 (b), the size of the marking should be large enough so that the purchaser can easily see the country of origin marking. We find that (1) the lower positioning on the front side of the box, Made in China for L'Inglesina Baby S.p.A, in a letter size and font smaller than that of the center label, indicating the name of the foreign shipper, address and country (Italy) not to be easily read by the consumer; (2) if one examines the two shorter sides of the box with its larger letter size and font for the word Italy, and then, views the front center label with its larger letter size and font for the word Italy, the consumer most likely would not even notice the designation, Made in China for L'Inglesina Baby S.p.A, in the lower left corner on the front side of the box; and (3) when stacked flat, one on top of each other on shelves, one cannot read the country of origin, Made in China for L'Inglesina Baby S.p.A, using line of sight without bringing the article into close inspection, unlike the front center label indicating Italy, which can be easily read when stacked. Accordingly, the proposed marking of the table seat, Made in China for L'Inglesina Baby S.p.A, with additional multiple listings of Italy around the box, in larger letter size and font, is misleading to the consumer, and does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Upon further review of the stick-on label, we find that Made in China for L'Inglesina Baby S.p.A. is in the same size lettering and font than that of the foreign address with country Italy. If the stick-on label was affixed to the top of the box, the consumer would find the country of origin Made in China for L'Inglesina Baby S.p.A. readily, as the label would be in a conspicuous place in hands view – thereby satisfying the marking requirements. 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 Neil H. Levy at (646) 733-3036. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division