MAR-2:OT:RR:NC:N2:212
Mark Clark
KeraLink International
252 Ivy Bend Cr Clarksville, TN 37043
RE: The country of origin marking of prescription eyeglasses
Dear Mr. Clark:
This is in response to your letter dated January 29, 2025 requesting a ruling on whether the proposed marking "Made in China" on the outer container is an acceptable country of origin marking for imported prescription eyeglasses. A marked sample was not submitted with your letter for review, however, you provided detailed photographs of the suggested marking.
In your request, you state that Keralink will import prescription eyeglasses directly to the customer from China. The eyeglasses are individually packaged within a cardboard box. The box is marked with the name of the company and on the lower left-hand corner of the top of the box the words “Made in China” are printed. Based on the photographs provided as well as email correspondence, no other country is referenced in any way on the box. Additionally, you state that the prescription eyeglasses themselves are not marked with a country of origin, either in etching or through a hangtag or sticker.
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 container) will permit, in such manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article. Section 134.1(d), defines the term “ultimate purchaser” as “generally the last person in the United States who will receive the article in the form in which it is imported.”
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. Section 134.44, Customs Regulations (19 CFR 134.44), provides that markings must be legible and sufficiently permanent so that it will remain on the article (or its container when the container and not the article is required to be marked) until it reaches the ultimate purchaser.
Section 134.22(a) indicates that “[w]hen and article is excepted from the marking requirements by subpart D of [part 134], the outermost container or holder in which the article ordinarily reaches the ultimate purchaser shall be marked to indicate the country of origin of the article whether or not the article is marked to indicate its country of origin.” Section 134.32, which appears in subpart D of part 134, denotes a variety of articles or conditions in which the articles are excepted from marking. Specifically, 134.32(d), states “[a]rticles for which the marking of the containers will reasonably indicate the origin of the articles,” and section 134.32(f), covers “[a]rticles imported for use by the importer and not intended for sale in their imported or any other form.” In these instances, the good must be provided to the ultimate purchaser in the marked outermost container or holder.
Based upon the information provided, the prescription eyeglasses will be provided directly to the ultimate customer in the referenced box. Further, the marking suggested on the outermost container is sufficiently legible, indelible, permanent, and conspicuous to satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The suggested marking of “Made in China” on the box as detailed in the photographs, is acceptable.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection Regulations (19 C.F.R. 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, please contact National Import Specialist Luke LePage at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division