THE COUNTRY OF ORIGIN MARKING OF GUN CASE

N034918 August 28, 2008 MAR-2 OT:RR:NC:N3:341 CATEGORY: MARKING Kimberly J. Jones Harry F. Long, Inc. 608 Lambert Pointe Hazelwood, MO 63042 RE: THE COUNTRY OF ORIGIN MARKING OF GUN CASE Dear Ms. Jones: This is in response to your letter dated August 1, 2008, on behalf of American Dream Trading Company, requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported textile gun cases. A marked sample was submitted with your letter for review. The sample which you submitted is being returned as requested. The submitted sample is a gun case constructed with an outer surface of textile material. The case features one main interior storage compartment and measures approximately 40 inches in length and 12 inches in height at it highest point. The proposed country of origin marking is a white textile label stating in black letters “MADE IN CHINA.” The label is approximately 1.75” inches in length and 0.5” inches in height. It is permanently sewn into the seam of the case and is positioned on the front of the gun case approximately 3.5 inches below the “Midway USA” logo. 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. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, 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 or surface in which the name or locality other than the actual country of origin appears. The proposed marking of an imported gun case, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304, and19 CFR Part 134. It is an acceptable country of origin marking for the imported case. 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 Vikki Lazaro at 646-733-3041. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division