The country of origin marking of mango wood vases from Thailand

N290175 September 26, 2017 MAR-2-44:OT:RR:NC:4:434 CATEGORY: Marking Mr. Paul Carter JUSMAGTHAI Box 3039 APO AP 96546 RE: The country of origin marking of mango wood vases from Thailand Dear Mr. Carter: This is in response to your letter dated September 11, 2017, requesting a ruling on the proposed country of origin marking of wood vases. One marked sample and additional photographs were submitted for review. The vases previously received a classification ruling under ruling number N288223, dated July 21, 2017. The articles under consideration are vases carved from mango wood in various sizes, the smallest measuring 12 inches in height with a diameter of 3 inches, and the largest measuring 30 inches in height with a maximum diameter of 6 inches. None of the vases weighs more than 5.25 pounds. The marked sample is ink stamped on the bottom with the words “Made in Thailand” in red ink. You state that each imported vase, regardless of size, will be marked accordingly. 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. Considering the relatively easy-to-handle sizes and weights of the vases, the placement of the marking on the bottom is conspicuous to potential purchasers. The lettering is large enough, and the red ink on the wood tone provides sufficient contrast to be conspicuous and legible. However, the ink is applied in a manner which allows it to smudge when rubbed and is therefore not permanent and potentially may render the marking illegible. The proposed marking of the vases fails to satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking. The same marking if carried out with a permanently applied ink that is properly set and dried to prevent smudging is potentially acceptable. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Charlene Miller at Charlene.Miller@dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division