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NY N003172

November 15, 2006

MAR-2 RR:NC:SP:233


Mr. Paul Vroman
DHL Global Forwarding
2660 20th St.
Port Huron, MI 48060


Dear Mr. Vroman:

This is in response to your letter dated November 6, 2006, on behalf of Durham Furniture, requesting a ruling on whether the proposed marking "Hand Crafted in Canada" is an acceptable country of origin marking for imported wooden furniture. A marked sample was not submitted with your letter for review.

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.

In HQ 732689 of December 7, 1989, Customs ruled:

The word “craft” is defined in the Random House College Dictionary as “to make or manufacture an object with skill and careful attention to detail.” An ultimate purchaser would therefore understand that the phrase “Hand Crafted in” refers to where an item was made. Further, in HQ 712210 (March 20, 1980), Customs ruled that the marking “Handcrafted in Mexico” was acceptable for the purposes of 19 U.S.C. 1304. There is no discernable difference in meaning between the word “Handcrafted” and the word “Crafted” that relates to the origin of a product. Therefore, the phrase “Hand Crafted in” is acceptable for country of origin marking.

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 wooden 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 wooden 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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