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NY I80033

April 4, 2002

MAR-2 RR:NC:SP:233 I80033


Ms. Wendy L. Burns
Northern Customs Services
P.O. Box 331
Lewiston, NY 14092


Dear Ms. Burns:

This is in response to your letter dated March 27, 2002, on behalf of Orchard International, requesting a ruling on the country of origin marking for an imported comb and mirror set. A marked sample was submitted with your letter for review.

The submitted sample consists of a comb and mirror set packaged together in a clear cellophane bag. The comb and mirror are both of the same style and color. Only the mirror has been marked with a clear adhesive sticker, which reads “MADE IN CHINA.” The comb is not marked. The packaging is a clear plastic wrapper, which allows the country of origin on the marked item to be displayed. The comb and mirror set will be imported only for use as a give-away and will not be repackaged and/or re-labeled for retail sale.

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 mirror, 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 mirror only. However, it cannot be assumed that the comb is of the same country of origin as the mirror. Therefore, the comb must be marked. As an alternative, the packaging may be marked with the country of origin. If your client should decide to mark the packaging, the bag must be heat sealed closed in order to meet the necessary marking requirements. The set must be marked with the country of origin regardless of whether or not the set will be offered for retail sale. The set is not subject to a marking exemption.

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 Lawrence Mushinske at 646-733-3036.


Robert B. Swierupski

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