NY a85691: THE COUNTRY OF ORIGIN MARKING OF a lenspen.

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 A85691

                          August 1, 1996

MAR-2 RR:NC:5:353 A85691

CATEGORY: MARKING

Mr. David W. Landis
Access International, Inc.
12340 NW Big Fir Circle
Portland, Oregon 97229

RE:  THE COUNTRY OF ORIGIN MARKING OF a lenspen. 

Dear Mr. Landis:

     This is in response to your letter dated July 11, 1996
requesting a ruling on whether the proposed marking Made in
China, is an acceptable country of origin marking for the
imported lenspen.  A marked sample was submitted with your letter
for review.

     The submitted sample is a lenspen used to clean binocular,
riflescope, photographic, and video lenses only.  The item has a
plastic pen like cylinder with a brush on one end and a leather
tip on the opposite end of the pen.  The brush and chamois are
made in China and the glue is from Canada.  The assembly is also
done in China.  The lenspen will be marketed under license from
Parkside Optical, Inc. in Vancouver, Canada.   

     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 submitted sample of the lenspen is in a retail package
consisting of a card and a plastic blister covering.  The reverse
of the card has the words "Made In China" below the name of the
impoeter at the bottom of the card.
     The proposed marking of the imported lenspen, 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 lenspen.

     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 Martin
Weiss at 212-466-5881.



                                        Sincerely,



                                        Roger J. Silvestri
                                        Director
                                        National Commodity
                                        Specialist Division