THE COUNTRY OF ORIGIN MARKING OF A NOSE & EAR HAIR TRIMMER.

NY F80892 December 20, 1999 MAR-2 RR:NC:1:115 F80892 CATEGORY: MARKING Ms. Diane Bellm PHR Systems Ltd. Post Office Box 329 Westcliffe, CO 81252 RE: THE COUNTRY OF ORIGIN MARKING OF A NOSE & EAR HAIR TRIMMER. Dear Ms.Bellm: This is in response to your letter dated December 9, 1999 requesting a ruling on whether the proposed marking of a nose & ear hair trimmer in a hermetically sealed bag is an acceptable country of origin marking for imported items from Taiwan. A marked sample was submitted with your letter for review. The sample is a manual operated nose & hair trimmer that is approximately 3 inches in length and is sealed in a hermetically sealed bag. Also included in the bag is a tiny brush. The hair trimmer has a paper sticker affixed to it that states MADE IN TAIWAN. On another part of the implement that is die sunk is the following: U.S.A PAT No.5255437. This office views both markings as possibly causing some confusion to the ultimate purchaser. The paper sticker does meet the requirements of the marking statue, however this office would recommend that the hermetically sealed bag be marked in such a manner to indicate the country of origin to be Taiwan to avoid possible confusion with the die sunk information. 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 the imported nose & hair trimmer, as described above, is conspicuously, legibly and permanently marked 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 nose & hair trimmer. 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 Melvyn Birnbaum at 212-637-7017. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division