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NY N017485

October 17, 2007



Mr. Rick Andrade
17760 Alonzo
Encino, CA 91316


Dear Mr. Andrade:

This is in response to your letter dated September 7, 2007, requesting a ruling on whether the proposed marking of "China" or “Made in China” with an adhesive label is an acceptable country of origin marking for imported DVD cases. An unmarked sample was submitted with your letter for review.

The DVD case is a storage box designed to hold a DVD and a viewer. The case is composed of molded plastics and has a transparent plastic sleeve or pocket on the outside to contain product information. The case will be imported empty and later packaged with a DVD and viewer for retail sale.

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 United States 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.

As noted above, the sample case you provided with your letter is not marked with the country of origin. Generally, an adhesive sticker that is legibly and conspicuously marked, and adheres strongly enough to the surface of the DVD case so that it cannot be removed without deliberate effort, is considered permanent enough to meet the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. You have asked where the cases should be marked. The label should be placed in a location where it is conspicuous upon casual inspection by the consumer. Since the product will be shrink-wrapped, marking on the inside of the case is not acceptable. Marking on any of the panels, including the spine, will be sufficient, as long as the marking is of sufficient size and contrast so as to be visible upon casual examination.

However, your proposed marking would be misleading unless the DVD and viewer are also made in China, since “China” or “Made in China” could imply that the DVD and viewer are made in China. It is suggested that you apply labels with words such as “Case Made in China.”

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 Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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