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NY L86800

August 10, 2005

MAR-2 RR:NC:SP:233 L86800


Mr. Rodney Ralston
UPA Supply Chain Solution
One UPS Way
Champlain, NY 12919


Dear Mr. Ralston:

This is in response to your letter dated July 22, 2005, on behalf of Shermag Inc., requesting a ruling on whether the proposed marking "FABRIQUE AU/EN CHINE, MADE IN CHINA" is an acceptable country of origin marking for imported furniture. Marked labels were submitted with your letter for review.

Your client has requested a ruling on the country of origin marking on furniture manufactured in China and imported into the U.S. You have submitted samples of the actual labels to be used. The two large labels “A” would be placed on opposite sides of the carton containing the item of furniture. The two smaller labels “B” would be placed on the item of furniture within the carton. Both labels indicate Product No., French Description, English Description, Reference and Weight. Within the Reference Box appears “FABRIQUE AU/EN CHINE, 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 furniture, 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 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.


Robert B. Swierupski

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