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NY B89539

September 23, 1997

MAR-2 RR:NC:SP:225 B89539


Susan Wakeen
425 Bantam Road
P.O. Box 1321
Litchfield, CT 06759


Dear Ms. Susan Wakeen:

This is in response to your letter dated September 11, 1997 requesting a ruling on the marking of dolls assembled in the United States. You proposes the following marking:

"Susan Wakeen dolls are completely assembled, and crafted by Doll Artisans personally trained by Susan Wakeen in Litchfield, CT. Most of the parts are made in the U.S. but some parts are imported from Spain, and/or Taiwan and/or China"

The dolls are assembled from parts manufactured in various countries. The above quoted statement would be on a printed hang tag which would be visible to the consumer when the dolls were displayed. A marked sample was not submitted with your letter for review.

You explained in your letter, that all of the dolls are designed exclusively by you. For business reasons, the assorted components that make up a doll; the body, limbs, head, eyes, wig and clothing, are manufactured to your design specifications in various countries. Those components are shipped to your company in Litchfield where they are assembled into dolls. The imported and domestic pieces are not inventoried in a manner which would allow tracking of the countries of origin of the various pieces. 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.

We are not authorized to comment on the first sentence of the proposed marking of the assembled dolls, as described above. Nor can we comment on the parts made in the United States. You were previously directed to contact the Federal Trade Commission for information on that matter. However, since it will be impossible to know how many foreign components are in any one doll, the use of the word "most" is questionable. To meet the requirements that marking be conspicuous, legible and permanent in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CAR Part 134 it is suggested that the last sentence read:

"Some parts are imported from Spain, Taiwan or China"

Another alternative would be:

"Component parts are made in the United States, Spain, Taiwan or China." This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CAR 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 J. Wrong at 212-466-5538.


Robert B. Swierupski

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