MAR-2-90:S:N:N1:105 801227
Mr. Stuart M. Quigg, President
Q International, Ltd.
2011 Hopewood Drive
Westmoreland Square
Falls Church, VA 22043-1837
RE: Country of origin marking on imported products from Russia
DEAR Mr. Quigg:
This is in response to your letter date July 11, 1994, on
behalf of Sperry Marine Corporation, requesting a ruling on
whether
the proposed marking "by Delphin Russia" is an acceptable country
of origin marking for imported equipment. A sample of a label to
be attached to products made for Sperry Marine by Delphin of
Russia
was submitted with your letter for review.
The sample label you submitted is not acceptable, because of
the confusion caused by the number of different names, the
different sizes of the print and the general layout of the label.
Also, you did not state how the label will be attached, or to
what
product it will be attached.
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 equipment, 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 equipment.
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 CFR Part 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is entered. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport