THE COUNTRY OF ORIGIN MARKING OF TIRES FROM CHINA

N213656 April 24, 2012 MAR-2 OT:RR:NC:1:106 CATEGORY: MARKING Ms. Adonica R. Wada Simon Gluck & Kane LLP 115 Sansome Street Suite 1204 San Francisco, CA 94104 RE: THE COUNTRY OF ORIGIN MARKING OF TIRES FROM CHINA Dear Ms. Wada: This is in response to your letter dated April 13, 2012 requesting a ruling on whether the proposed marking “Made in China” is an acceptable country of origin marking for imported tires. This request is on behalf of your client Carlisle Transportation Products. A marked sample was not submitted with your letter for review. Drawings of old and new country of origin markings were included (Exhibits A and B). You state that Carlisle Transportation Products has improved upon the original country of origin marking “Made in China” after an examination by U.S. Customs and Border Protection found the tires to be in need of improvement as established in Exhibit A of your submission. Therefore, Carlisle Transportation Products has moved the country of origin marking to 0.175” on the side wall which is above the ring split. The font characters were changed and increased in size from 0.063” to a minimum 0.125”. The tire markings are now visible and legible as viewed when the tire is mounted (Exhibit B). 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 tires, 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 tires. 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 Matthew Sullivan at (646) 733-3013. Sincerely, Thomas J. Russo Director National Commodity Specialist Division