MAR-2-05 CO:R:V:C 733728

Mr. J.M. Altieri
Nestor Reyes, Inc.
P.O. Box 4528
Old San Juan Sta.
San Juan, Puerto Rico 00902-4528

RE: Country of Origin marking of glassware figures; 19 CFR 134.41, conspicuous, permanent

Dear Mr. Altieri:

This is in response to your letter of August 3, 1990, requesting a country of origin ruling regarding imported glassware figures called "thingamabobs," made in Spain.

FACTS:

Your client imports blown glassware figures, which you call glassware "thingamabobs." The glassware is made in Spain using recycled glass blown into molds. You indicate that the glassware is used as wedding gifts, mementos, etc. Two samples of the glassware figures were submitted. One of figures is in the shape of a swan and the other figure is in the shape of a basket. Transparent stickers with the words "LA MEITERRANEA HAND MADE IN SPAIN," are affixed to the bottom of the samples. You further indicate that the articles are sold in boxes containing six units each an that each rectangular box is marked "MADE IN SPAIN" on two sides.

ISSUE:

Is the country of origin marking on glassware figures by transparent stickers acceptable?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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. Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. "The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. 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. That section further provides that the degree of permanence should be at least sufficient to insure that in any reasonably foreseeable circumstance the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed.

The country of origin marking on the glassware figures by means of transparent stickers can be easily found and can be read without strain. The country of origin marking on the glassware figures is therefore conspicuous and legible. The sticker is also sufficiently secure on the figure that in any foreseeable circumstance the marking will remain on the article until it reaches the ultimate purchaser unless it is deliberately removed.

The sample figures submitted are in a cardboard box which resembles a packing sleeve. The words "MADE IN SPAIN" are printed in large letters on two places on the box. Assuming that the glassware figures are sold to the ultimate purchasers in this box, or another box which is properly marked with the country of origin, the marking on the figures and the box would satisfy the requirements of 19 U.S.C. 1304 and 19 CFR 134.41(b).

HOLDING:

The country of origin marking of the glassware figures by means of transparent stickers is sufficiently conspicuous, legible, and permanent to satisfy the requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Therefore the country of origin marking on the glassware figures is acceptable.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch