THE COUNTRY OF ORIGIN MARKING OF AN EYEGLASS CASE

N243458 July 22, 2013 MAR-2 OT:RR:NC:N4:441 CATEGORY: MARKING Robert Glover L.E. Coppersmith, Inc. 525 South Douglas Street El Segundo, CA 90245 RE: THE COUNTRY OF ORIGIN MARKING OF AN EYEGLASS CASE Dear Mr. Glover: This is in response to your letter dated June 24, 2013 requesting a ruling on whether the proposed marking “Made in China” is an acceptable country of origin marking for an imported eyeglass case. A marked sample was submitted with your letter for review. Your sample, style J, is an eyeglass case constructed with an outer surface of plastic sheeting material. It measures approximately 6.5” (W) x 3” (H) x 1” (D). The interior is of molded plastic that is shaped and fitted to contain one pair of glasses. The words “MADE IN CHINA” are permanently molded into case in raised letters at the base of the interior of the case. 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 eyeglass case, as described above, 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 case. 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, Thomas J. Russo Director National Commodity Specialist Division