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NY D84761

December 7, 1998

MAR-2 RR:NC:MM:101 D84761


Mr. Jim Wickstead
PBB Global Logistics
434 Delaware Ave.,
Buffalo, NY 14202

RE: THE COUNTRY OF ORIGIN MARKING OF an Aluminum Identification Plate

Dear Mr. Wickstead:

This is in response to your letter dated November 3, 1998 requesting a ruling on whether the proposed marking "Made In Canada" is an acceptable country of origin marking for imported aluminum identification plate measuring 5.44 inches by 3.19 inches. It is to be permanently affixed onto the body of a bus by rivets as indicated in the color photograph you submitted. "Made In Canada" is printed in large, bold print measuring 0.25 inches. The marking is conspicuously placed in the middle of the plate and is readily seen by anyone entering the bus. A marked sample was not submitted with your letter for review. You did submit, along with the photographs, a blue print of the identification plate.

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 imported aluminum identification plate, 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 aluminum identification plate.

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 Robert DeSoucey at 212-466-5667.


Robert B. Swierupski

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