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NY I87818

November 20, 2002

MAR-2 RR:NC:MM:114 I87818


Mr. Richard A. Onanian
Advanced Ideas, Inc.
P.O. Box 436
Arlington, MA 02467-0052


Dear Mr. Onanian:

This is in response to your letter dated October 11, 2002, requesting a ruling on whether the proposed marking to mark the set-up instruction sheet with the country of origin in lieu of marking the plastic frame itself, is an acceptable country of origin marking for the imported frame. A sample of the plastic frame and a marked sample of the set-up instruction sheet were submitted with your letter for review.

The submitted frame is identified in your letter as a plastic frame for a JiffyScope 30X microscope. The plastic frame will be molded in China. You have indicated that Advanced Ideas, Inc. will insert a lens and a mirror into the frame to complete the microscope. The lens and mirror are made in the United States. You have stated that a set-up instruction sheet, printed in the United States, will always accompany the JiffyScope 30X microscope when sold to the public. The article will be packaged in a see through envelope container.

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 United States 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 country of origin marking by printing “Molded in China” on the instruction sheet, and not on the frame itself, is not an acceptable country of origin marking for the imported plastic frame for the JiffyScope microscope. The proposed marking of the frame, as described above, is not conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, and is not an acceptable country of origin marking for the frame. Each imported plastic frame itself must be marked with the country of origin.

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 Barbara Kiefer at 646-733-3019.


Robert B. Swierupski

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