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NY J89728

October 16, 2003

MAR-2 RR: NC: 1:108 J89728


Mr. Scott Alan Case
The Camelot Company
9865 West Leland Avenue
Schiller Park, IL 60176

RE: THE COUNTRY OF ORIGIN MARKING OF a 4 Channel Radio Control System

Dear Mr. Case:

This is in response to your undated letter, received in this office on October 15, 2003, requesting a ruling on the proper country of origin marking for the retail package that contains the system. A partially marked sample was submitted with your letter for review.

The issue concerns the proper marking of the proposed retail sale package of a 4-channel radio control system. The system is composed of components that are manufactured in Taiwan and China. Examination of the sample concluded that as presented the system is complete and that each component is marked with the appropriate country of origin. The proposed retail package does not have any U.S. address associated with the item for 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 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.

As 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 retail package, as described above, must indicate the country or origin for each of the components. It is the opinion of this office that a phrase such as “4 Channel Radio Control System components from Taiwan and China”, or words of similar meaning would be sufficient.

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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