Country of Origin Marking of Snowboard Bindings

N179576 September 9, 2011 MAR-2 OT:RR:NC:N4:424 CATEGORY: MARKING Ms. Missy Forey Burton Snowboards 80 Industrial Parkway Burlington, VT 05401 RE: Country of Origin Marking of Snowboard Bindings Dear Ms. Forey: This is in response to your letter dated August 9, 2011, requesting a ruling on the proposed marking of snowboard bindings to be made available in 2012. A sample pair of the item in its retail packaging was submitted with your letter for review. Each snowboard binding is embossed with the phrase “Made in China” in two locations, in slightly different sizes, on the bottom of the black plastic base plate of the binding. It is in close proximity to the area notating the size, color and whether it is for the left or right foot. All of the markings are in the same black color as the plastic base plate. The pair of bindings is imported in a cardboard box which contains a label which shows a picture of the style of binding as well as the size, size conversion chart, gender, style number and color. There is no country of origin on the label but on the back end of the box there is a marking “Made in China.” In your request, you ask whether replacing the embossed country of origin marking on each binding base plate with a sticker containing the country of origin marking, along with other product information pertaining to the product, is necessary. Furthermore, you ask whether the box should also be marked with the country of origin. 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. 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. 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. Among the factors that should be considered are the size of the marking, the location of the marking, whether the marking stands out, and the legibility of the marking. The size of the marking should be large enough so that the ultimate purchaser can easily see the marking without strain. The location of the marking should be in a place where the ultimate purchaser could expect to find the marking or where he/she could easily notice it from a causal inspection. Whether the marking stands out is dependent on where it appears in relationship to other print on the article and whether it is in contrasting letters to the background. The legibility of the marking concerns the clarity of the letters and whether the ultimate purchaser could read the letters of the marking without strain. No single factor should be considered conclusive by itself in determining whether a marking meets the conspicuous requirement of 19 U.S.C 1304 and 19 CFR §134.41. Instead, it is the combination of these factors which determines whether the marking is acceptable. In some cases, a marking may be unacceptable even when it is in a large size because the letters are too hard to read or it is in a location where it would not be easily noticed. In other cases, even if the marking is small, the use of contrasting colors, which make the letters particularly stand out, could compensate to make the marking acceptable. In the instant case, while both phrases “Made in China” are permanently embossed onto the bottom of the snowboard bindings and are of sufficient size, its conspicuousness is at a minimal level. The lettering is not in contrasting color, making it hard to read by some individuals without strain, making it unacceptable. The preferable method would be to use the same embossed marking of the phrase “Made in China” in contrasting color on the base plate or other conspicuous place in order to make the letters stand out. 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 sticker you propose using contains the country of origin marking, along with other product information pertaining to the product. Section 134.44(b), Customs Regulations (19 CFR 134.44(b)), states if a paper sticker or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. Therefore, marking the product with the sticker on the base plate of the snowboard binding, as submitted, would be acceptable. However, the phrase “Made in China” on the sticker should be of the same size as the lettering on the rest of the label. If the snowboard bindings are marked in either of the two prescribed methods stated above, then marking the unsealed cardboard box with the country of origin is not necessary, provided that the boxes have no place or locality references printed on them. 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