THE COUNTRY OF ORIGIN MARKING OF SUNGLASSES

N276316 June 13, 2016 MAR-2 OT:RR:NC:N4:414 CATEGORY: MARKING Mr. Jonathan Kassan Fello Eyewear 3117 Foothill Rd. Santa Barbara, CA 93105 RE: THE COUNTRY OF ORIGIN MARKING OF SUNGLASSES Dear Mr. Kassan: This is in response to your letter dated June 2, 2016 requesting a ruling on whether the proposed marking of “Fine China Frame” is an acceptable country of origin marking for imported sunglasses. A marked sample was not submitted with your letter for review. You propose importing sunglasses from China and marking them with the words “Fine China Frame” on one of the temples. The marking would be in a permanent contrasting color or engraved on the frame. Also, you state that the sunglasses will be delivered to the customer placed in a sunglass case which is placed inside a cardboard box and that there will be no mention of any other country on the packaging. 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 sunglasses, as described above, is not an acceptable country of origin for the imported sunglasses and is not in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The item you propose to import is sunglasses, not eyewear frames. The marking “Fine China Frame” is not the proper marking for sunglasses. “Frame China” or “Frame Made in China” would be acceptable if you were importing eyewear frames, without their lenses. However, you are importing complete sets of eyewear (sunglasses) and they must be marked with their country of origin, meaning the country of origin of the complete set of sunglasses. The words “Fine China Frame” does not indicate the country of origin of the sunglasses to the ultimate consumer. 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 barbara.j.kiefer @cbp.dhs.gov. Sincerely, Deborah C. Marinucci Acting Director National Commodity Specialist Division