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NY K86198




May 21, 2004

MAR-2 RR:NC:SP:233 K86198

CATEGORY: MARKING

Mr. Steven Sauer
Grand Basket Co. Inc.
53-06 Grand Avenue
Maspeth, NY 11378

RE: THE COUNTRY OF ORIGIN MARKING OF WICKER FURNITURE FROM CHINA.

Dear Mr. Sauer:

This is in response to your letter dated May 13, 2004, requesting a ruling on whether the proposed marking "Made in China" is an acceptable country of origin marking for imported wicker furniture. A marked sample was submitted with your letter for review.

The submitted photograph depicts a hangtag for wicker furniture referred to as Garden Place Blue Villa 4 Piece Set. The back of the tag lists the items included in the set and the features of the furniture. Below that are the distributor’s name and address and their website address; below that is a barcode. Printed below the barcode are the words “Made in China”.

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 wicker furniture, by means of a hangtag 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 wicker furniture.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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