THE COUNTRY OF ORIGIN MARKING OF HAND-TOOLS

N250108 February 18, 2014 MAR-2 OT:RR:NC:1:118 CATEGORY: MARKING Mr. Greg Sullivan CCS Near North Customs Brokers Inc. 20 Elliot Avenue Barrie, Ontario Canada L4N 4V4 RE: THE COUNTRY OF ORIGIN MARKING OF HAND-TOOLS Dear Mr. Sullivan: This is in response to your letter dated January 23, 2014, on behalf of your client, Gray Hand Tools, concerning the country of origin marking requirements for imported hand-tools. Marked samples of two sockets and one wrench were submitted with your letter for review. You have stated that these sockets and wrenches are to be shipped to resellers and you will instruct them not to alter the labeling and packaging in any way. Two marking scenarios are proposed. 1) A single tool will be shipped in a clear plastic bag and in the bag will be a preprinted tag measuring 2”x 2”. This tag will detail the country of origin. 2) Multiple tools will be shipped loose in a carton. The country of origin will be affixed to each tool on a 2” x 2” preprinted tag. The tags will be attached to each tool utilizing plastic bead connectors. A review of the representative samples indicates a socket in a sealed clear plastic bag. Inside the bag is a 2” x 2” tag that has identical marking on either side. The bottom half of the tag has the word “Dynamic” in bold letters. Located at the top portion of the card, in smaller print, is the phrase “Dynamic is a registered trademark of Gray tools” printed in English and French. Directly below that are the words “Lifetime warranty” printed in English, French and Spanish. The words “Made in/Fabriqué A/Hecho en Taiwan” appear directly below the lifetime warranty sentence and are in the same typeface and font size. This preprinted tag is clearly visible through the plastic bag. Samples of a wrench and a socket were also provided. These tools are loose and not inside a plastic bag. The same printed tag as described above is attached to these tools with a plastic bead connector. 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. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. Additionally, 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 two proposed marking scenarios for the imported hand-tools , as described above, are conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and are acceptable country of origin markings for the imported sockets and wrench. 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 Anthony Grossi at (646) 733-3021. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division