MAR-2 OT:RR:NC:N4:414
Mr. Matthew Monahan
Gurwitch Products, L.L.C.
8 Greenway Plaza
7th Floor, Suite 700
Houston, TX 77046
RE: THE COUNTRY OF ORIGIN MARKING OF EYE PENCILS AND SHARPENERS
Dear Mr. Monahan:
This is in response to your letter dated April 6, 2016 requesting a ruling on the marking of an eye pencil imported from China and a pencil sharpener imported from Germany. A marked sample of the eye pencil, the pencil sharpener and the cardboard carton for the eye pencil and the pencil sharpener were submitted with your letter for review.
You indicate that the bulk eye pencil material is manufactured and molded into cylinder cores in Italy and sent to China to be placed into the wooden pencil barrels. Following the assembly in China, the eye pencil will be imported into the United States. The pencil sharpener is manufactured in Germany. The eye pencil and the pencil sharpener will be separately imported into the United States. In the United States, the eye pencil and the pencil sharpener will be packaged together in cardboard cartons for retail sale.
We note that the furnished sample of the eye pencil states “Pencil contents made in Italy”, the furnished sample of the pencil sharpener states “Made in Germany” and that the cardboard packaging states “Pencil contents made in Italy” and “Sharpener made in China”.
In your letter, you propose marking the eye pencil with “Italy” as the country of origin. You also propose marking the assembled pencil set with “Italy” as the country of origin. Further you propose marking the cardboard packaging for the eye pencil and pencil sharpener “Assembled in the U.S. of foreign parts”.
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.
Your proposed marking of the eye pencil with country of origin “Italy” is acceptable. Your proposed marking of the eye pencil and pencil sharpener as country of origin “Italy” is not acceptable. Also, your proposed marking of the cardboard packaging with “Assembled in the U.S. of foreign parts” is not acceptable.
The eye pencil and the pencil sharpener are merely packaged together in the United States. The eye pencil and the pencil sharpener retain their separate identities. They are not foreign parts assembled together in the United States.
The country of origin of the eye pencil is Italy and the eye pencil should be marked “Made in Italy” at the time of importation into the United States. The country of origin of the pencil sharpener is Germany and the pencil sharpener should be marked “Made in Germany” at the time of importation. The cardboard packaging should be marked “Eye Pencil Made in Italy” and “Pencil Sharpener Made in Germany”. This marking meets the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
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,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division