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NY A85691

August 1, 1996

MAR-2 RR:NC:5:353 A85691


Mr. David W. Landis
Access International, Inc.
12340 NW Big Fir Circle
Portland, Oregon 97229


Dear Mr. Landis:

This is in response to your letter dated July 11, 1996 requesting a ruling on whether the proposed marking Made in China, is an acceptable country of origin marking for the imported lenspen. A marked sample was submitted with your letter for review.

The submitted sample is a lenspen used to clean binocular, riflescope, photographic, and video lenses only. The item has a plastic pen like cylinder with a brush on one end and a leather tip on the opposite end of the pen. The brush and chamois are made in China and the glue is from Canada. The assembly is also done in China. The lenspen will be marketed under license from Parkside Optical, Inc. in Vancouver, Canada.

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 submitted sample of the lenspen is in a retail package consisting of a card and a plastic blister covering. The reverse of the card has the words "Made In China" below the name of the impoeter at the bottom of the card.
The proposed marking of the imported lenspen, 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 lenspen.

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 Martin Weiss at 212-466-5881.


Roger J. Silvestri

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