THE COUNTRY OF ORIGIN MARKING OF A "ZIG ZAG" LABEL FOR AN IN-LINE SCOOTER

NY G81566 August 29, 2000 MAR-2 RR:NC:MM:101 G81566 CATEGORY: MARKING Mr. Chauncy C. Tou Operating Manager Brookshire Group Ltd. 20751 Greenside Drive Walnut, California 91789 RE: THE COUNTRY OF ORIGIN MARKING OF A "ZIG ZAG" LABEL FOR AN IN-LINE SCOOTER Dear Mr. Tou: This is in response to your letter dated August 7, 2000 requesting a ruling on whether the proposed marking "ZIG ZAG" is an acceptable country of origin marking for imported In-line Scooters. A marked sample was not submitted with your letter for review. You submitted a copy of the exact image of your "Zig Zag" label for in-line Skate Scooters that you intend to import from China. You did not indicate that "Made In China" is to be placed on the scooter when imported into the United States. You are advised that "Made In China" or an acceptable variation of that phrase must appear in a conspicuous location on the scooter. You indicated that you would like to record the "Zig Zag" Trademark with U.S. Customs. You may address your request in writing to: Intellectual Property Rights Branch, U.S. Customs Service 1300 Pennsylvania Avenue, N.W. Washington D.C. 20229 Please contact the Intellectual Property Rights Branch for their requirements and fees. 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. 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 Robert DeSoucey at 212-637-7035. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division