THE COUNTRY OF ORIGIN MARKING AND SPECIAL MARKING REQUIREMENTS FOR WATCH STRAPS

N290288 October 6, 2017 MAR-2 OT:RR:NC:N1:113 CATEGORY: MARKING Mr. Eric Peterson Swatch Group U.S. Inc. 1200 Harbor Blvd. Weehawken, N.J. 07086 RE: THE COUNTRY OF ORIGIN MARKING AND SPECIAL MARKING REQUIREMENTS FOR WATCH STRAPS Dear Mr. Peterson: This is in response to your letter dated September 15, 2017, requesting a ruling on the country of origin marking and special marking requirements for imported watch straps. A marked sample was not submitted with your letter for review. The merchandise under consideration is described as alligator and ostrich watch straps from various countries. You stated in your letter that “The straps are regulated by the Fish and Wildlife Service and are imported with a cites permit. We are aware that the straps must be marked with the country of origin…We are requesting a ruling as to whether the scientific and species name must be marked on the straps. We contacted the Fish and Wildlife Service and they deferred to Customs and Border Protection (CBP) for the marking requirements.” 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. You asked if the alligator and ostrich watch straps in question must be marked with the scientific and species name. There are no such marking requirements, therefore, the subject alligator and ostrich straps are not required to be marked with the scientific and species name. 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 Ann Taub at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division