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January 6, 1999

MAR-2 RR:NC:MM:101 D86339


Mr. Jim Wickstead
Senior Consultant
PBB Global Logistics
434 Delaware Avenue
Buffalo, NY 14202


Dear Mr. Wickstead:

This is in response to your letter dated December 29, 1998 requesting a ruling on whether the proposed marking "MFD BY STAGE LINE/MOBILE STAGE INC. MONTREAL QC, CANADA" is an acceptable country of origin marking for imported semi-trailers. A marked sample of an adhesive backed label was submitted with your letter for review.

You submitted an actual label used to show the country of origin and other information as required by the U.S. Department of Transportation to depict federal motor vehicle safety standards. The top of the label shows “MFD BY”, depicting the term “manufactured by”, and “STAGELINE/MOBILE STAGE INC.” To the left it shows two telephone numbers and the phrase “MONTREAL QC, CANADA.” The term “MONTREAL QC, CANADA” measures approximately 1/8 inch and is easy to read. The label is printed in English and French. It provides several blank areas in which specific information may be added by typewriter before the label is affixed to the vehicle.

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 Semi-trailer , 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 Semi-trailer.

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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