THE COUNTRY OF ORIGIN MARKING OF A FLASHLIGHT AND A LANTERN

N246677 October 30, 2013 MAR-2 OT:RR:NC:1:110 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 FLASHLIGHT AND A LANTERN Dear Mr. Pipitone: This is in response to your letter dated September 25, 2013, on behalf of Compass Industries, Inc., requesting a ruling on whether certain proposed marking represents an acceptable country of origin marking for the Hail Flashlight with a battery in a clam pack and for the Mini battery operated Lantern. Marked samples were submitted with your letter for review. The samples will be returned to you as requested. The first sample is identified as the Hail Flashlight with a battery. The sample is presented packaged in a clam pack ready for retail sale. The words “Made in China” are printed on the back of the clam pack. You propose marking this item as presented. The second sample is identified as the mini battery operated lantern. The sample is presented packaged in an unmarked black cardboard box. The words “Made in China” are permanently etched on the bottom of the mini lantern. It is stated that the outer black box is merely used for the conveyance of the product and not used to display the product on the shelves of the retail store. You propose marking this item as presented. 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 the imported Hail Flashlight with a battery in a clam pack and for the Mini battery operated Lantern, 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 Hail Flashlight with a battery in a clam pack and for the Mini battery operated Lantern. 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 Hope Abada at (646) 733-3016. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division