MAR-2 OT:RR:NC:1:128
Ms. Jill Cramer
Mowry Grimson, PLLC
5335 Wisconsin Avenue, Suite 810
Washington, D.C. 20015
RE: THE COUNTRY OF ORIGIN MARKING OF CERAMIC TILES
Dear Ms. Cramer:
This is in response to your letter dated January 21, 2022, requesting a ruling on behalf of your client, FD Sales Company LLC, on whether the proposed markings “Made in Turkiye” or “Made in Türkiye” are acceptable country of origin markings for imported ceramic tiles which are manufactured in Turkey. Photographs were submitted for our review.
From the information provided, the merchandise at issue is two styles of ceramic tiles referred to as “Calacatta Dali Ceramic Tile.” One style, 100618552, measures approximately 12 inches long by 24 inches wide by .35 inches in thickness, while the other, 100780246, measures approximately 4 inches long by 12 inches wide by .31 inches in thickness.
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 markings of “Made in Turkiye” or “Made in Türkiye,” as described above, are not conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. These markings do not indicate to the ultimate purchaser in the United States the English name of the country of origin, and are not acceptable country of origin markings for the imported ceramic tile.
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 Nicole Sullivan at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division