THE COUNTRY OF ORIGIN MARKING OF ELPH CAMERAS FROM TAIWAN

NY B84073 April 18, 1997 MAR-2 RR:NC:MM:114 B84073 CATEGORY: MARKING Mr. John Montoya Canon U.S.A., Inc. One Canon Plaza Lake Success, NY 11042-1198 RE: THE COUNTRY OF ORIGIN MARKING OF ELPH CAMERAS FROM TAIWAN Dear Mr. Montoya: This is in response to your letter dated March 31, 1997 requesting a ruling on whether the proposed marking "Made in Taiwan" is an acceptable country of origin marking for imported Elph photographic cameras. A marked sample was submitted with your letter for review. The Elph camera is a still photographic camera which uses Advanced Photo System (APS) film. Your furnished sample is marked with a permanently affixed pressure sensitive label on the bottom of the camera. 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 Elph APS still photographic cameras, as described above, is conspicuous, legible and permanent 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 merchandise. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Barbara Kiefer at 212-466-5685. Sincerely, Robert Swierupski Chief, Metals and Machinery Branch National Commodity Specialist Division