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NY L86563

August 22, 2005

MAR-2 RR:NC:MM:114 L86563


Mr. Michael Bohbot
Bo Optik Inc.
5-8201 Keele St.
Concord, ON L4K 1Z4


Dear Mr. Bohbot:

This is in response to your letter received July 25, 2005, requesting a ruling on the country of origin marking of eyeglass frames. Samples of a complete metal eyeglass frame, model G107, and parts of an eyeglass frame consisting of a spring temple, a flex hinge and eyewire screws were submitted with your letter for review.

In your letter you state that the metal for the eyewire, the bridge, and temples is purchased from Ferd. Wagner GMbH, Germany; the flex hinges and screws are purchased from OBE GMbH, Germany; and the nose pads and pad arms are purchased from Frey & Winkler GMbH, Germany. You also indicate that some of the flex hinges, nose pads and pad arms are purchased from Comotec SA, France. The temple tips (also called the end tips) are purchased from Italy. You do not indicate where the demo lenses are manufactured. You state that the processing that takes place in China is the assembly of all of the components required to make an eyewear frame, the plating processes and coloring processes for the eyewear frame, quality control and packaging of the eyewear frame.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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. Part 134, Customs Regulations (19 CFR part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. In Section 134.1(b), the country of origin of an article is defined as the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the country of origin for country of origin marking purposes.

With regard to the permanency of the country of origin 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.

Under current U. S. law, eyewear frames imported into the United States are required to be marked with the country of origin of the frames. The country of origin of the subject eyewear frames is China. The eyewear frames must be marked by silk screening, etching or a similar method with the words “Frame China” or “Frame Made in China” in order to comply with Section 304, Tariff Act of 1930 (19 U.S.C. 1304). Additional factually correct information that does not imply country of origin can be shown.

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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