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NY 803099

October 20, 1994

MAR-2-71:S:N:N8:344 803099


Ms. Pamela Pinter
Big Apple Customs Brokers, Inc.
151-02 132nd Avenue
Jamaica, New York 11434


Dear Ms. Pinter:

This is in response to your letter dated October 5, 1994, on behalf of Strutt Yur Stuff, Hillside, NJ, requesting a ruling on whether the proposed country of origin marking on a metal lapel pin is acceptable. A marked sample was submitted with your letter for our review.

The submitted sample is a metal lapel pin with a stud and clutch back. The pin bears the words "Goody's - 500 - Bristol International Raceway - August 27, 1994". The word Taiwan is die sunk into the back of the pin. The pin is packaged in a clear plastic bag which is stapled at the top. The bag is marked in black ink "Made in Taiwan R.O.C.".

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 proposed marking of the lapel pin 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.

However, for your information, if the pin was not marked, the marking of the stapled bag only would render this item not legally marked. The bag would have to be heat sealed closed and sold to the ultimate consumer in that same condition in order to meet the necessary marking requirements.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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