COUNTRY OF ORIGIN MARKING OF IMPORTED MIRRORS THAT WILL BE ASSEMBLED ONTO GREETING CARDS

N286237 June 8, 2017 MAR-2 OT:RR:NC:N4:422 CATEGORY: MARKING Mr. Mark Tobor Robot Group LLC 1717 N Naper Blvd Suite 200 Naperville, IL 60563 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED MIRRORS THAT WILL BE ASSEMBLED ONTO GREETING CARDS Dear Mr. Tobor: This is in response to your letter dated May 11, 2017, on behalf of Russ Reid, requesting a ruling on whether imported mirrors are required to be individually marked with the country of origin if the mirrors are to be affixed to greeting cards that are made in the United States. A marked sample was not submitted with your letter for review. The mirrors that are the subject of this request are made of polymethyl methacrylate (PMMA) plastic material and each measures approximately 2.5" by 2.5" by .06” in thickness. After importation the mirror will be affixed to a greeting card that in turn will be sent out to donors to the nonprofit medical service Operation Smile, for which Russ Reid is an advertising agency. You have stated that marking the back of the mirror, which only has a white protective coating, will damage the mirror as the mirror is very thin. Instead, you have stated that you will mark the back of the card onto which the mirror will be affixed with the words “The mirror is Made in China and the card is printed and assembled in the US". You will also provide a letter with each importation of the mirrors stating that you will mark the back of each card. You will also mark the words Made in China on all inner and master cartons of the mirrors before importation. 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d) defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. With regard to the permanency of a marking, Section 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, 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. Section 134.32(b), provides an exception from the marking requirements for articles that cannot be marked prior to shipment to the United States without injury. In this case, the donors that will receive the cards with the affixed mirrors will be the last individuals in the U.S. who will receive the imported mirrors. For every imported mirror that will be received by a donor affixed to a card, that mirror is excepted from the marking requirement according to 19 CFR 134.32(b), provided that each greeting card onto which the mirror will be affixed will be marked legibly, conspicuously and permanently in the manner that you have stated. 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 Gary Kalus at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division