THE COUNTRY OF ORIGIN MARKING OF A CARD CASE

N255937 August 26, 2014 MAR-2 OT:RR:NC:N4:441 CATEGORY: MARKING Lisa McCormack Vera Bradley 11222 Stonebridge Road Roanoke, IN 46783 RE: THE COUNTRY OF ORIGIN MARKING OF A CARD CASE Dear Ms. McCormack: This is in response to your letter dated August 1, 2014 requesting a ruling on whether the proposed marking “Made in China” is an acceptable country of origin marking for an imported card case. A marked sample was submitted with your letter for review. The submitted sample is an envelope-style card case. It measures approximately 4” (W) x 2.5” (H) x .25” (D). The sample is marked with a clear adhesive label with the words “Made in China” printed in black. The label was placed inside the case in the main compartment, approximately halfway down from the top of the opening. It was placed sideways. The label was removed with minimal pressure. 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 sample is marked with an adhesive label printed with the words “Made in China.” When pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. The label did not adequately adhere to the sample. Simply touching it with mild pressure removed the label from the sample. Moreover, the position of the sample was not sufficiently conspicuous. The proposed marking of the imported card case, as described above, is not conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not 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 vikki.lazaro@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division