MAR-2 OT:RR:NC:1:135
Ms. Judy L. Sucharitakul
Perryman, Mojonier Company
9710 S. La Cienega Blvd.
Inglewood, CA 90301
RE: THE COUNTRY OF ORIGIN MARKING OF the “LELO Sona Sonic Clitoral Massager” FROM CHINA
Dear Ms. Sucharitakul:
This is in response to your letter dated March 19, 2018, on behalf of Lelo Inc., requesting a ruling on whether the proposed marking of the “LELO Sona Sonic Clitoral Massager” is an acceptable country of origin marking. A marked sample was submitted with your letter for review and will be returned.
The LELO Sona Sonic Clitoral Massager is packaged in a rectangular cardboard retail box with a clear plastic window in the front to display the clitoral massager within. Below the plastic window, there are the name of the company and product name. On one side panel of the box, the word “INSIGNIA” and a symbol appear on the top. The company name and its declaration display at the bottom of the panel. The massager itself is not marked with the country of origin. Instead, the back of the retail carton is printed with the country of origin. The back of the carton is printed with the name of the company, the product name, and product introduction. Below that, there are five icons and their explanations, and other product information in six different languages. The addresses of both American and Swedish locales appear at the right bottom corner of the back panel. The words “Manufactured by LELO in China” are printed in comparable size letters in close proximity to the American and Swedish locales. Followed below, there are a website address for checking the product’s patent registration and the Lelo’s website address. Four icons shows on the left side bottom corner. A product barcode label seals the box crossing the edges of both the back panel and bottom panel of the box.
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.
Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” Product of,” or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality or other than the actual country of origin appears.
The proposed marking of the retail box with the words “Manufactured by LELO in China,” as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported clitoral massager.
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 Fei Chen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division