MAR-2:OT:RR:NC: N2:212
Laura Mullin
FGX INT SFZ
500 George Washington Highway Smithfield, RI 02917
RE: The country of origin marking of non-prescription eyewear
Dear Ms. Mullin:
This is in response to your letter dated February 16, 2025, requesting a ruling on whether the proposed marking of “Made in Country Indicated on Eyewear” printed on the tag is an acceptable country of origin marking for the subject non-prescription eyewear. A marked sample was submitted with your letter for review.
In your request, you state that FGX will import non-prescription reading glasses and sunglasses from various countries, including China, and are sold at retail stores throughout the U.S. Per the presented sample, the subject glasses are marked on the inside of one arm with the country of origin. The glasses are then attached to a carboard hanging tag designed to allow the glasses to be hung from a rack at the store. On the back of the tag will be the word “Distributed by: FGX International Inc. Smithfield, RI 02917 USA.” Directly below this statement will be the words “Made in the Country Indicated on Eyewear.”
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 was 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 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.
Under section 134.46, Customs Regulations (19 CFR 134.46), in any case in which the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning.
Based upon the information provided, including the samples, the marking of the country of origin that is printed on the inside of the arm, is sufficiently legible, indelible, permanent, and conspicuous to satisfy the marking requirements set forth in 19 U.S.C. 1304 and 19 CFR Part 134. Further, the addition of the wording “Made in Country Indicated on Eyewear” is not presented in a way that would deceive or confuse the ultimate purchaser as to the true country of origin of the good. The words referenced above are placed in close proximity and are in comparable size to the U.S. company reference. As such, the proposed marking of the glasses and the tag is acceptable per the relevant authorities.
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