CUSTOMS ATTORNEY: MARKING CONTINUED

As discussed in the last marking post the requirements for marking must be:
1. in a conspicuous place
2. legible
3. permanent
4. English name as to the country of origin
Let us explain these even further shall we.
Legible and Conspicuous
The person who ends up with the product the “Ultimate Purchaser,” must be able to find the marking easily without straining him or her self. Some uses I have seen include, tags and stickers depending on the type of good.
What size font should I use? Depends on the type of product. For example, CBP found that lettering which was 1.7mm was the smallest font acceptable as a country of origin marking on a pen barrel according to HQ ruling 733940.
Ultimate Purchaser
Who is the ultimate purchaser?…that depends:
Article imported for retail – the end consumer will be the ultimate purchaser
Article imported as gift – the recipient will be the ultimate purchaser
Article imported for manufacturing – the manufacturer will be the ultimate purchaser if the article is going to be substantially transformed.
Permanence
The marking should be as permanent as the article permits it to be. It should should be sufficiently permanent so as to handle shipping and distribution until it finally reaches the ultimate purchaser.
English Name
Only the English name of the country of origin may be used unless Customs approves otherwise. Common forms for marking include “Made in…” “Product of…”

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