COUNTRY OF ORIGIN MARKING OF A CLOCK RADIO’S RETAIL BOX

N264675 June 2, 2015 MAR-2 OT:RR:NC:N1:108 CATEGORY: MARKING Mr. Michael E. Lahar Deringer Compliance Department A.N. Deringer, Inc. 179 West Service Rd. Champlain, NY 12919 RE: COUNTRY OF ORIGIN MARKING OF A CLOCK RADIO’S RETAIL BOX Dear Mr. Lahar: This is in response to your letter dated May 1, 2015, on behalf of CWD Limited, requesting a ruling on whether the proposed marking “Assembled in China” is an acceptable country of origin marking for the retail box for a clock radio if another marking “Designed by CWD in Canada” appears on the retail box which is a country or locality other than the actual country of origin of the clock radio. A marked sample, which is being returned, was submitted with your letter for review. The retail box is marked on the same side with the following: “Designed by CWD in Canada/Conçu par CWD au Canada” and “Niagara Falls, Canada L2H 1J9” and “Assembled in China/Assemble´en Chine.” These markings are printed legibly, conspicuously, and permanently in the same size, color, and font type, as well as in close proximity to one another. Further, although the marking contains wording in both English and French, the name of the country of origin, China, is readily apparent and the presence of the French words is not confusing. 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, appear 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. The proposed marking of the imported clock radio’s retail box, as described above, satisfies 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 item. 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 Lisa Cariello at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division