NY a86316: THE COUNTRY OF ORIGIN MARKING OF METAL EYEGLASS FRAMES

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

NY A86316





	August 22, 1996



MAR-2 RR:NC:GI:114 A86316



CATEGORY: MARKING



Mr.Scott Hoffman

Trans American Customs Brokers, Inc.

2775 Broadway

Buffalo, New York 14227



RE:  THE COUNTRY OF ORIGIN MARKING OF METAL EYEGLASS FRAMES



Dear Mr. Hoffman:



	This is in response to your letter dated June 4, 1996, on behalf of Rapp
Eyewear, requesting a ruling on whether the proposed marking "Frame Korea" is an
acceptable country of origin marking for imported metal eyeglass frames.  A
sample was submitted with your letter.



	The metal eyeglass frames are marked with the country of origin by means of
a pressure sensitive paper label located on the temple.  The paper label has the
words "Frame Korea" printed on it.



	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 C.F.R.
§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 C.F.R. §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.  



	The country of origin marking of eyeglass frames must be in accordance with
Treasury Decision 74-38 which requires marking by means of die stamping in a
contrasting color, by raised lettering, by engraving, or by some other method
producing a permanent mark.  The marking must be legible and conspicuous and
must clearly indicate the country of origin to the ultimate purchaser in the
United States by the words "Frame made in (country of origin)" or
"Frame--(country of origin)".

    

	The proposed marking of the metal eyeglass frames with a paper pressure
sensitive label is not an acceptable country of origin marking as required by 19
U.S.C. §1304 and 19 C.F.R. Part 134. 

	This ruling is being issued under the provisions of Part 177 of the Customs
Regulations (19 C.F.R. 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 (212) 466-5685.







								Sincerely,







								Roger J. Silvestri

								Director

								National Commodity

								Specialist Division