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NY J87350

July 23, 2003

MAR-2 RR:NC:1:108 J87350


Mr. Kevin Downie
GeoLogistics Americas, Inc.
91 O’Leary Drive
Besenville, IL 60106


Dear Mr. Downie:

This is in response to your letter dated July 9, 2003, on behalf of your client Hobbico Incorporated, requesting a ruling on whether the proposed marking of the retail package is an acceptable country of origin marking for the imported remote control system. A marked sample was submitted with your letter for review.

The item in question is a remote control system designed for use with model airplanes. The system is composed of various components designed to operate together allowing the user to control the flight of a model airplane through radio remote control. The radio transmitter and batteries are made in China and the receiver, servos, chargers, antenna are made in Taiwan. All components are packaged for retail sale in Taiwan.

A marked sample was submitted and it indicates a permanent marking of the retail package as; Components made in China and Taiwan. Packaged in Taiwan. It is to be noted that each and every component is also individually marked with its proper country of origin.

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 the imported radio remote control system, as described above, is conspicuously, legibly, permanently and sufficiently 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 product.

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 Michael Contino at 646-733-3014.


Robert B. Swierupski

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