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NY A82870

May 23, 1996

MAR-2 RR:NC:TP:343 A82870


Ms. Rose Althoff
Midwest of Cannon Falls
P. O. Box 20
Cannon Falls, MN 55009-0020


Dear Ms. Althoff:

This is in response to your letter dated April 11, 1996, requesting a ruling on whether the proposed marking with an adhesive label stating country of origin "Made in China" is an acceptable country of origin marking for the imported Thatched Roof Cottage your item # 17631-3. A marked sample was submitted with your letter for review.

You state that the item is manufactured by Taiwan Novelty Limited and that the vendor's address is in Hong Kong. The factory for this item, you state, is located in China. Regardless of the manufacturers name or vendor's address, if the item is manufactured in China, it must be marked "Made in China". You state, further, and your sample illustrates, that the item will be marked with an adhesive country of origin label on the underside of the item, stating "Made in China". The cottage will be placed in a cellophane bag with bubble wrap surrounding it. You further state that this item will be packed one piece per corrugated brown box. The box will include the UPC, item number, quantity and country of origin in the same wording "Made in China". A hang tag in the box also states "Made in China". 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.

As provided in section 134.44(b), Customs Regulations (19 CFR 134.44(b)), articles marked with paper sticker labels, provides that if paper sticker or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser.

The paper sticker on the underside of the item is secure. The item is small, easily picked up and turned over. Any consumer wishing to find the country of origin can easily determine that the item is made in China. The paper sticker along with the box and hang tag marking make it clear that there is no intent to conceal the country of origin. Given the nature of the item, it would be difficult to place the country of origin marking elsewhere on the house.

The proposed marking of imported Thatched Roof Cottages with an adhesive label, 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 Thatched Roof Cottage.

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 Alice Masterson at 212-466-5892.


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