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NY B84036

April 21, 1997

MAR-2 RR:NC:2:226 B84036


Mr. Bob Evans
Schuller International Canada Inc.
4704 58 Street
Innisfail, Alberta T4G 1A2


Dear Mr. Evans:

This is in response to your letter dated April 1, 1997, requesting a ruling on whether the proposed marking, "This Product is Manufactured in Canada", is an acceptable country of origin marking for imported fiberglass insulation. A marked sample was not submitted with your letter for review.

You indicated in your letter that Microlite L.(fiberglass insulation) will be imported and packaged in a clear polyethylene bag. A paper label(8.5" x 11"), that contains the country of origin marking, will be inserted in such a way as to allow the label to be easily read through the clear bag. You indicated in a telephone conversation that this item will be permanently heat`sealed until it reaches the ultimate purchaser.

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.

An article is excepted from marking under 19 U.S.C. 1304 (a) (3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container(clear polyethylene bag) until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the fiberglass insulation by viewing the container in which it is packaged, the individual fiberglass product would be excepted from marking under this provision.

Fiberglass insulation products which are imported in containers that are marked in the manner described above are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, inserting a paper label with the country of origin marking into a clear polyethylene bag, in which the item will be packaged and sold to the ultimate purchaser, in lieu of marking the article itself, is an acceptable country of origin marking provided the Import Specialist at the port of entry is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

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 Jacob Bunin at 212-466-5796.


Gwenn Klein Kirschner
Chief, Special Products Branch

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