THE COUNTRY OF ORIGIN MARKING OF TOY CARS

N005086 January 12, 2007 MAR-2 RR:NC:2:224 CATEGORY: MARKING Ms. Maureen Ford Toys “R” Us, Inc. One Geoffrey Way Wayne, NJ 07470-2030 RE: THE COUNTRY OF ORIGIN MARKING OF TOY CARS Dear Ms. Ford: This is in response to your letter dated January 3, 2007, requesting a ruling on whether the proposed marking "MALAYSIA" is an acceptable country of origin marking for imported miniature toy cars. A marked sample was submitted with your letter for review. The submitted sample is a toy car, specifically a Hot Wheels WWE Car, TRU item 755590. The car itself is indelibly, permanently, and legibly marked “MALAYSIA”, the country of origin, in a location conspicuous to the ultimate consumer. In addition, the retail packaging is legibly, permanently, and indelibly marked “MADE IN CHINA, MALAYSIA OR THAILAND AS MARKED” in a place conspicuous to the ultimate consumer. 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 Hot Wheels WWE Car, TRU item 755590, 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 toy car. 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 Tom McKenna at 646-733-3025. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division