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NY I83929

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July 9, 2002

MAR-2 RR:NC:MM:101 I83929

CATEGORY: MARKING

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
8967 Columbine Road
Suite 400
Eden Prairie, Minnesota 55347

RE: THE COUNTRY OF ORIGIN MARKING OF a Roadmaster brand, Mountain Sport SX style bicycle

Dear Mr. Anderson:

This is in response to your letter dated June 20, 2002 requesting a ruling on behalf of your client, Pacific Cycle LLC, on whether the proposed marking "Designed in the USA" and “Made in China” is an acceptable country of origin marking for imported Roadmaster brand, Mountain Sport SX style bicycles. A marked sample was submitted with your letter for review.

You state, and the submitted sample shows, that the country of origin label is approximately 1½” x 1½” and includes the black, green, gold, and white “Roadmaster” logo and the words in black lettering, “designed in the usa”(sic) and “made in china”(sic) all in colors designed to contrast against the silver colored tube. The label is placed on the Seat Tube, front facing and approximately starts about 1” to 2” above the top bottom of the frame. The “designed in the usa” and “made in china” are in close proximity to each other, and no other reference is made to a U.S. local or address.

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 Roadmaster brand, Mountain Sport SX style bicycle, 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 Roadmaster brand, Mountain Sport SX style bicycle.

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 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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