THE COUNTRY OF ORIGIN MARKING OF A POCKET KNIFE BOX

N068135 August 6, 2009 MAR-2 OT:RR:NC:2:234 CATEGORY: MARKING Mr. Michael Pipitone John F. Kilroy Co., Inc. One Cross Island Plaza, Suite 203E Rosedale, NY 11422-1400 RE: THE COUNTRY OF ORIGIN MARKING OF A POCKET KNIFE BOX Dear Mr. Pipitone: This is in response to your letter dated June 25, 2009, requesting a ruling on whether the proposed marking “Made in China” is an acceptable country of origin marking for imported cartons. A marked sample was not submitted with your letter for review. You submitted a photo of a non-corrugated carton used as packaging to determine if the country of origin marking can be placed on the side panels of a pocket knife box. The photo shows a sample carton with the “DAKOTA" logo is printed on the top and bottom panels of the paper container. The carton is designed to hold a pocket knife identified as outdoor cutlery which is printed on the container. The container is also printed with a sku number and the country of origin for the pocket knife box is identified as China. 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 cartons, 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 pocket knife box. 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 Patricia Wilson at (646) 733-3037. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division