THE COUNTRY OF ORIGIN MARKING OF FISHING RODS.

NY 805856 January 24, 1995 MAR-2-95:S:N:N8:224 805856 CATEGORY: MARKING Gordon Anderson C.H. Robinson International, Inc. 8100 Mitchell Rd., Suite 200 Eden Prairie, MN 55344 RE: THE COUNTRY OF ORIGIN MARKING OF FISHING RODS. Dear Mr. Anderson: This is in response to your letter dated January 6, 1995, on behalf of Berkley, Inc., requesting a ruling on whether proposed alternative methods of marking are acceptable country of origin markings for imported fishing rods. A marked sample was submitted with your letter for review. Certain alternative methods of marking the country of origin of fishing poles were presented for our consideration. They include: 1. An adhesive country of origin label "Taiwan" or "Made in Taiwan" on the rod or on the bottom end of the handle; 2. A hang tag on the line guides of the rod stating "Taiwan" or "Made in Taiwan."; 3. A header card stapled to the rod stating "Made in Korea - Printed in Korea." 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 fishing rods, whether by an adhesive label or a securely attached hang tag or header card as described above, will be considered conspicuously and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and are acceptable country of origin marking methods for the imported fishing rods. Your letter also requests a ruling on whether a certain marking is an acceptable country of origin marking for fishing rods if another marking appears on the article containing a reference of a country or locality other than the actual country of origin of the article. Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears 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. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side or surface in which the name or locality other than the actual country of origin appears. Also, Section 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark or trade name or as part of a souvenir marking, the name of the actual country of origin must appear in close proximity to the place name "or in some other conspicuous location". Whether the country of origin appears "in close proximity" or in some other conspicuous place, the name of the country of origin must be preceded by "Made in," "Product of," or words of similar meaning. In other words, if the question concerns a trademark, trade name or souvenir marking, the country of origin marking need only meet the general standard of conspicuousness. 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