United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1996 NY Rulings > NY A85474 - NY A85575 > NY A85474

Previous Ruling Next Ruling
NY A85474

July 30, 1996

MAR-2 RR:NC:GI:114 A85474


Ms. Donrita Y. Cottrell
Bausch & Lomb, Inc.
One Bausch & Lomb Place
Rochester, NY 14604-2701


Dear Ms. Cottrell:

This is in response to your letter dated July 8, 1996 requesting a ruling on the proposed country of origin marking of sunglasses. A sample was submitted with your letter.

You propose marking the sunglasses with a sticker which will be placed on one lens of the imported sunglasses. The proposed sticker is a rework of the lens sticker which is currently used on Bausch & Lomb's Ray-Ban sunglasses. The sticker will adhere to the lens because the sticker label is static charged. The static charged label avoids potential problems with glue or adhesive residue remaining on the lens of the sunglasses after the ultimate consumer of the sunglasses removes the label.

The label currently in use on the sunglasses does not show the country of origin. You propose deleting the Olympic rings and the words "Worldwide Sponsor 1994/96 Olympic Games" on the sticker, as well as the lens type designation, for example, G-15 Lens. The country of origin, for example, "Made in Hong Kong" or "Made in Ireland", will be shown on the sticker label. According to the specifications that you provided to this office, the material used for the label will be one mil bright gold mylar laminated to eight mil clear PVC static vinyl with release liner. The static charge will be on the back surface of the sticker label.

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 sunglasses, as described above, is considered conspicuous, legible and permanent 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 sunglasses.

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 Barbara Kiefer at 212-466-5685.


Roger J. Silvestri

Previous Ruling Next Ruling