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June 4, 1999

CLA-2-95:RR:NC:2:224 E81795

CATEGORY: MARKING

John J. Rangel
Sr. Vice President - Finance
K-2 Corporation
4900 South Eastern Avenue, Suite 200
Los Angeles CA 90040

RE: The country of origin marking requirements for snowboards manufactured in China.

Dear Mr. Rangel:

In your letter of May 17, 1999, you requested a Customs ruling on whether K-2 Corporation’s proposed methods of marking the country of origin and evaluating the cost of imported snowboards is in compliance with U.S laws and regulations.

This letter addresses the proposed marking for imported snowboards. A ruling on the appraisement of the imported snowboards will be issued in a separate letter. A marked snowboard sample was not submitted with your letter, however, we have a photocopy reproduction of the label itself.

Your letter indicates that the imported snowboards will be marked with a securely affixed adhesive label reading “Made in China” in English in contrasting color on the face of each board. The label will be positioned under the shrink-wrap in which the board will be displayed and sold at retail. The dimensions of the sample label are ¼” by 1½” and clearly state “Made in China” in a conspicuous manner. According to your submission, there is no reference to any other locality that might confuse the purchaser.

The applicable subheading for the snowboards will be 9506.11.4010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles and equipment for general physical exercise, gymnastics, athletics, other sports or outdoor gamessnow-skis and other snow-ski equipment; parts and accessories thereof: skis and parts and accessories thereof, except ski poles: other skis, snowboards. The duty rate will be 2.6 percent ad valorem (1999 rate).

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 ultimatepurchaser 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. However, section 134.44 of the regulations 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 snowboards, 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 snowboards.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Tom McKenna at (212) 637-7015.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division


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