THE COUNTRY OF ORIGIN MARKING OF EYEWEAR FRAMES

N265037 June 23, 2015 MAR-2 OT:RR:NC:N4:414 CATEGORY: MARKING Mr. Marc Fortier Optiques Sher-Lab 4185 rue Brodeur Sherbrooke, Quebec Canada J1L 1K4 RE: THE COUNTRY OF ORIGIN MARKING OF EYEWEAR FRAMES Dear Mr. Fortier: This is in response to your letter dated May 25, 2015 requesting a ruling on eyewear frames. 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. Treasury Decision 74-38 (January 22, 1074; 39 FR 2470) set forth the marking requirements for marking eyewear frames. The eyewear frame should be marked with the words “Frame (country of origin)” or “Frame Made in (country of origin)” on one of the temples of the frame. The marking should be by means of die stamping in a contrasting color, by raised lettering, by engraving, or by some other method producing a permanent mark. 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 Barbara Kiefer at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division