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NY 875033

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June 16, 1992

MAR-2-03:S:N:N3G:221 875033

CATEGORY: MARKING

Mr. David E. Goldstone
Daruth Agency Ltd.
1105-35 Wynford Heights Cres.
Toronto, Ontario, Canada M3C 1K9

RE: The country of origin marking of plastic optical dispensing mats from Canada.

Dear Mr. Goldstone:

This is in response to your request dated May 25, 1992, and received in this office on June 4, 1992, for a ruling on the country of origin marking requirements for plastic optical dispensing mats. In New York Ruling 871576, dated May 25, 1992, this office ruled that the mats were classifiable in subheading 3926.90.9090, Harmonized Tariff Schedule of the United States, which provides for other articles of plastics, other. You have now submitted a label which you intend to affix to the mat, and ask if that will satisfy the marking requirements.

Unless excepted by law, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin (or its container) be legibly and conspicuously marked to indicate the country of origin to the ultimate purchaser in the United States. You have submitted a sample of an adhesive backed paper label imprinted with the words "Made in Canada" and "Fabrique au Canada." It is required that country of origin marking be in English. However, as long as the country of origin is shown in English, additional marking in French is acceptable. Since you have only submitted a sample of the label, rather than a sample mat with the label affixed, we cannot determine whether the marking will be secure enough to be permanent and if it will be in a conspicuous location.

When paper stickers or pressure sensitive labels are used, they must be affixed in a conspicuous location and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. As long as the label is placed in a conspicuous location on the mat and the adhesive is strong enough that the label firmly adheres to the dispensing mat, then use of the paper label will satisfy the marking requirements.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

Sincerely,

Jean F. Maguire
Area Director

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