THE COUNTRY OF ORIGIN MARKING OF A SHAPE CUTTER FROM TAIWAN

NY R01481 February 24, 2005 MAR-2 RR:NC:1:118 R01481 CATEGORY: MARKING Ms. Shira Wadro Fiskars Brands, Inc. 2537 Daniels Street Madison, WI 53718 RE: THE COUNTRY OF ORIGIN MARKING OF A SHAPE CUTTER FROM TAIWAN Dear Ms. Wadro: This is in response to your letter, dated February 15, 2005, requesting a country of origin marking ruling for your imported product. A marked sample was not submitted with your letter for review. The merchandise, a shape cutter, is comprised of a plastic shape cutter body packaged with two small metal blades. The shape cutter body (item 48007097) is injection molded in Taiwan of polycarbonate. It is packaged in Taiwan with a small plastic vial containing two small metal blades embedded in orange plastic (item 48017097). The blades are made in the United States by Ardco Industries and shipped to Taiwan for inclusion with the shape cutter. At this time the blades are not altered in any way except to be packaged with the plastic shape cutter body. At a future date the blades may be made in Taiwan. The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 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. For the purposes of country of origin marking, the article of foreign origin that must be marked “Made in Taiwan” is the shape cutter. With respect to the blade portion, which you state is presently a U.S. product, if a good is determined to be an article of U.S. origin, it is excepted from marking under 19 CFR 134.32(m) as a U.S. article exported and returned. Whether an article may be marked with the phrase “Made in the USA” or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, DC 20508 on the propriety of proposed markings indicating that an article is made in the U.S. You have also requested clarification from Customs regarding the correct quantity to be declared, as one shape cutter is imported with two blades. The correct reporting quantity would be three. 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 Kathy Campanelli at 646-733-3021. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division