The Country of Origin Marking of Skate Boot and Blade Covers

N050617 February 23, 2009 MAR-2 OT:RR:NC:2:224 CATEGORY: MARKING Mr. Laszlo Klinko MC Trading Co., Inc. 1905 Big Bend Drive Des Plaines, IL 60016 RE: The Country of Origin Marking of Skate Boot and Blade Covers Dear Mr. Klinko: This is in response to your letter dated January 29, 2008, requesting a ruling on whether the skate boot and blade covers are marked correctly. Samples of each item in their retail packaging were submitted with your letter for review. The skate blade covers are packaged in a plastic bag. The front of the bag is labeled with the name, description of the product and the phrase “Made in Hungary.” The bottom left of the label contains your company’s name as well as the city and state of your business (Des Plaines, Illinois) followed by “U.S.A.” The back of the package is blank. The skate boot covers are also packaged in a plastic bag but have a cardboard header which seals the package and contains the product’s name and description. Similarly, it contains your company’s name as well as the city and state of your business (Des Plaines, Illinois) followed by “U.S.A.” The information is identical on both sides of the cardboard label. However, there is no country of origin marking on either side. 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), 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(s) or surface(s) in which the name or locality other than the actual country of origin appears. In both instances, the terms “Des Plaines, Illinois” and “U.S.A.” on the labeling trigger the special marking rules of 19 C.F.R. 134.46. To satisfy the close proximity requirement articulated in 134.46, the country of origin marking generally must appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. The marking for the packaging of the skate blade cover is acceptable as it is conspicuously, legibly and permanently marked with the phrase “Made in Hungary” on the same side or surface containing the terms “Des Plaines, Illinois” and “U.S.A.” in at least a comparable size. However, the marking for the skate boot covers is not acceptable as it is not marked with the country of origin. In order to be in compliance, both sides of the cardboard header must contain the words “Made in Hungary” legibly, permanently and in close proximity to the terms “Des Plaines, Illinois” and “U.S.A.” in at least a comparable size. 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 James Forkan at (646) 733-3025. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division