THE COUNTRY OF ORIGIN MARKING OF SCISSORS.

N031135 July 1, 2008 MAR-2 OT:RR:E:NC:N1:118 CATEGORY: MARKING Ms. Debra Godwin Fiskars Brands Inc. 2537 Daniels Street Madison, WI 53718 RE: THE COUNTRY OF ORIGIN MARKING OF SCISSORS. Dear Ms. Godwin: This is in response to your letter dated June 16, 2008, requesting a ruling on whether the proposed marking "Made in China" is an acceptable country of origin marking for imported scissors. A marked sample was not submitted with your letter for review. You state that the scissors will be imported from China. They will be blister sealed to a card until they reach the ultimate consumer. The picture of the packaging that you included with your submission indicates that “Made in China” is marked on the back of the blister pack. The words “Minnesota” and “LA” also appear on the back of the blister packaging. They are used in an image setting story that describes the designer of the scissors and its INK collection. 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. Section 134.46, Customs Regulations (19 CFR 134.46) requires that when the name of any city or locality in the U.S., other than the name of the country or locality in which the article was manufactured or produced, appears on an imported article or its container, 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. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser of the origin of the imported article. Inasmuch “Minnesota” and “LA” are used in an image setting story and in close proximity to the words “Made in China” which appears on the same side of the card as the image setting story, they would not confuse or mislead the ultimate consumer as to the actual country of origin. The proposed marking of the imported scissors, as described above, satisfies the requirements of 19 U.S.C. 1304. 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 Kathy Campanelli at 646-733-3021. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division