The country of origin marking of a laser rangefinder

N307373 November 21, 2019 MAR-2 OT:RR:NC:N1:105 CATEGORY: MARKING Judith Lynn Haggin TLR – Total Logistics Resources 11855 NE Glenn Widing Dr. Portland, Oregon 97220 RE: The country of origin marking of a laser rangefinder Dear Ms. Haggin, This is in response to your letter dated November 5, 2019, on behalf of your client, Leupold & Stevens Inc., requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported laser rangefinders. A marked sample was not submitted with your letter for review. The product in question is a laser rangefinder, which is a handheld unit that requires a battery to function. The product will be manufactured in the Philippines once the design is modified and a new source is chosen. The proposed country of origin marking, “Made in the Philippines” will appear on the inside of the screw down battery cap (cover), which is not visible to the user when the cap is in place. Additionally, you state that the battery cap is a piece that is interchangeable with other caps, but is necessary to use the unit and therefore will always be present in the laser rangefinder. You contend that the country of origin marking is clearly legible. However, in order to see the origin marking the battery cap must be unscrewed. In addition to the marking on the inside of the battery cap, the new products will be imported in retail packaging that is clearly marked with the country of origin on the bottom of the box. However, you state that some of these new rangefinders may be imported without the retail packaging for inclusion in a kit. 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. In the first scenario, the imported laser rangefinder would be marked on the inside of the battery cap, which would not be visible without taking the battery cover off. Although the marking will be legible, indelible and permanent, the marking cannot be considered to be in a conspicuous place according to 19 U.S.C. 1304 and 19 CFR Part 134. Therefore, the marking is considered unacceptable. In the second scenario, the imported laser rangefinder will be packaged in a box for retail sale. According to the pictures provided, the country of origin labeling will be clearly printed on the container. We note that the box also has a labeling statement relating to California Proposition 65, which is a warning statement. The warning indicates “[t]he product contains chemicals known to the state of California to cause…”. Based on the image you provided, this lettering will be larger than “Made in Philippines.” However, the California Proposition 65 Warning noted does not trigger special marking requirements since the wording does not deceive or mislead the ultimate purchaser as to the actual country of origin of the article. The laser rangefinder imported in the box is considered to be marked in a conspicuous place that is legible, indelible and permanent. We find that the laser rangefinder, imported with the labeled box, is an acceptable country of origin marking under 19 U.S.C. 1304 and 19 CFR Part 134. 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 Jason Christie at Jason.M.Christie@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division