THE COUNTRY OF ORIGIN MARKING OF LIGHTING FIXTURES

NY A80314 March 15,1996 MAR-2 RR:NC:GI:227 A80314 CATEGORY: MARKING Mr. Leslie W. Polgar The A.W. Fenton Co., Inc. 6565 Eastland Road Cleveland, Ohio 44142-1388 RE: THE COUNTRY OF ORIGIN MARKING OF LIGHTING FIXTURES Dear Mr. Polgar: This is in response to your letter dated January 26, 1996, on behalf of L.D. Kichler Co., requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported lighting fixtures. A marked sample was not submitted with your letter for review. The merchandise at issue is an almost complete electrical lighting fixture from Taiwan or China. The imported fixture and carton are each properly marked with the country of origin. After importation into the United States a glass shade of U.S. or foreign origin, loose or individually boxed, is inserted in the carton with the imported fixture. The country of origin of the foreign shade is either marked on the shade or, if individually boxed, on the box. The imported lamp and the inserted shade, marked as indicated above, will be packaged and sold in the shipping carton which is marked with the country of origin. 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 C.F.R. §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 C.F.R. §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 C.F.R. §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 lamps, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 134 and is an acceptable country of origin marking for the imported product. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 George Kalkines at 212-466-5794. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division