THE COUNTRY OF ORIGIN MARKING OF MINI ALARM LIGHTS

NY R01240 January 19, 2005 MAR-2 RR:NC:1:112 R01240 CATEGORY: MARKING Ms. April Irvin INGRAM PRODUCTS, INC. 4949 Sunbeam Rd., Building 12 Jacksonville, FL 32257 RE: THE COUNTRY OF ORIGIN MARKING OF MINI ALARM LIGHTS Dear Ms. Irvin: This is in response to your letter dated December 29, 2004, requesting a ruling on whether the proposed marking “Made in China” is an acceptable country of origin marking for imported individual and bulk Mini Alarm Lights. A marked sample was not submitted with your letter for review. You state that the lights will be sold to both original equipment manufacturers (OEMs) and end users and will be imported with unassembled, individual lights in plastic bags and in bulk with each separate light component (bulb, socket, etc.) in separate boxes by component. You propose to mark the individual, unassembled lights in plastic bags by attaching a permanently glued label to the outside of the bag stating “Made in China” and also have the same label permanently glued around the light socket within the plastic bag. You further propose to place a permanently glued sticker stating “Made in China” on the outside of each bulk box of light components. 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. Provided that the glue used on the stickers is adhesive enough to cause tearing upon removal from the plastic bag or box and that the size and wording on the stickers adhered to the bulk import boxes is large enough to be easily read at arms-length, the proposed marking of imported Mini Alarm Lights, 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 Mini Alarm Lights. 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 Richard Laman at 646-733-3017. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division