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NY K87493

July 1, 2004

MAR-2 RR:NC:MM:114 K87493


Ms. Caron Kraitt
Enyo LTD
1st Floor
Hill House
17-19 Highgate Hill
London, N19 5NA


Dear Ms. Kraitt:

This is in response to your letter dated June 24, 2004 requesting a ruling on marking of eyeglass frames. You submitted three Jai Kudo prescription eyeglass frames for review.

The metal eyeglass frame, the acetate eyeglass frame and the titanium eyeglass frame contain demo lenses. Each frame is packaged in a plastic bag which is placed into an eyeglass case. The frame and case are packed in a cardboard box. The left temple of each of the submitted prescription eyeglass frames is screen printed in a contrasting color with the words “Frame 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. Treasury Decision 74-38 requires that imported eyeglass and sunglass frames, whether assembled or unassembled, must be marked by means of die stamping in a contrasting color, by raise lettering, by engraving or by some other method producing a permanent mark. The marking must be legible and conspicuous and must clearly indicate the country of origin to the ultimate purchaser in the United States by words “Frame made in (country of origin)” or “Frame (country of origin)”.

Your proposed marking of the Jai Kudo prescription eyeglass frames satisfies 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 frames.

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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