COUNTRY OF ORIGIN MARKING OF AN IMPORTED ROOT IRRIGATOR AND WATER BLASTER

NY J88589 September 24, 2003 MAR-2 RR:NC:1:102 J88589 CATEGORY: MARKING Mr. Raisa Kartashevsky Raisa Kartashevsky CHB 11 Sunrise Plaza (Suite 200) Valley Stream, NY 11580 RE: COUNTRY OF ORIGIN MARKING OF AN IMPORTED ROOT IRRIGATOR AND WATER BLASTER Dear Mr. Kartashevsky: This is in response to your letter dated August 27, 2003 requesting a ruling on whether the proposed marking “Made in China” is an acceptable country of origin marking for an imported root irrigator and water blaster. A marked sample was submitted with your letter for review. The article in question is a watering device comprised of a tubular metal pipe and a shut-off valve. The watering device is imported and presented for sale mounted onto the front a cardboard display panel that is printed on both sides. The pipe is secured to the cardboard with plastic straps. Instructions for using the root irrigator and water blaster are printed on the back of the cardboard panel along with the marking “Designed in the U.S.A., Made in China”. There is also an adhesive label on the metal pipe that indicates the name of the product and the U.S. address of the seller. 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. 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. While the proposed marking of the imported root irrigator and water blaster on the back of the display card to which it is mounted, as described above, is conspicuous, legible and permanent, the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 are not satisfied because the adhesive label attached to the article itself is marked “Edina, MN”. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States", or the name of any city or locality in the United States, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, 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(s) or surface(s) in which the name or locality other than the actual country of origin appears. The proposed marking does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 because the marking “Made in China” on the back of the display card is not in close proximity to the adhesive label on the pipe that shows the U.S. location “Edina, MN”. For the proposed marking to be acceptable any reference to a U.S. location must be removed from the metal pipe, or “Made in China” must appear, legibly and permanently, in close proximity, and in at least comparable size, to the marking “Edina, MN” shown on the adhesive label. 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 Kenneth T. Brock at 646-733-3009. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division