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NY I81755

May 16, 2002

MAR-2-RR:NC:SP:222 I81755


Ms. Rita Pitts
Dillard’s, Inc.
1600 Cantrell Road
Little Rock, AR 72201

RE: The Country of Origin Marking of Christmas tree ornaments from China.

Dear Ms. Pitts:

This is in response to your letter dated April 25, 2002, requesting a ruling on whether the proposed marking is acceptable country of origin marking for imported Christmas tree ornaments.

You have submitted four samples of Christmas tree ornaments. Assortment number 227TE428HG, is a set of two 80-millimeter glass Christmas tree ornaments covered with glass beads. One has a “Texas” state license plate and the other has a Texas state map. The Christmas tree ornaments are designed with a hanging loop.

Assortment number 227TE512TT, is a resin ball Christmas tree ornament with a hanging loop attached to the top. The ball ornament is decorated with the word “Texas” on one side and a Texas flag on the other. It has a suede tassel hanging from the bottom.

Assortment number 227TE521TA, is a set of three Christmas tree ornament water globes. One is designed with the Alamo, one with the Texas flag and the other with the Texas map, which has the word “Texas” across it. A string loop is attached to the top of the water globe

Assortment number 227TE522TA is a set of three Christmas tree ornaments. One is a cowboy with a red, white and blue outfit holding a star with the word “Texas” on it. One is a cow with the Texas state map and the other is a horse wearing a saddle blanket with the word “Texas” on it.

The samples are returned as you requested.

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 C.F.R. §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 C.F.R. §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 C.F.R. §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.

Section 134.46, Customs Regulations (19 C.F.R. §134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

Your letter of inquiry states that the Christmas tree ornaments will be marked with a sticker around the hanging loop stating “Made in China”. The Christmas tree ornaments will be packaged in a window box and the box will be marked “Made in China” on the back.

The proposed marking of the Christmas tree ornaments as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 C.F.R. Part 134 and is an acceptable country of origin marking.

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 Alice Wong at 646-733-3026.


Robert B. Swierupski

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