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NY 886530





May 27, 1993

MAR-2-S:N8:234 886530

CATEGORY: MARKING

Mr. Michael O'Neill
O'Neill & Whitaker, Inc.
1809 Baltimore Ave.
Kansas City, MO 64108

RE: Country of origin marking for boxes (printed packaging materials) from Taiwan; disposable containers; "Made in USA" with reference to contents.

Dear Mr. O'Neill:

In your letter dated May 20, 1993, on behalf of Transworld Products, Inc. and its parent firm, Peterson Manufacturing Company, you requested a ruling concerning the acceptability, in two different situations, of country of origin marking on certain "retail printed display boxes." The boxes in question are used as containers for individual tractor implement lights sold under the "Peterson Manufacturing" name. From the "artwork" submitted, it appears that they will be paperboard folding cartons of a kind which can be considered ordinary disposable containers, i.e., that they will have no lasting value and will ordinarily be discarded by the ultimate purchasers of the lights.

In "Situation 1," the boxes will be printed in Taiwan and shipped empty to the United States. They will then be used to pack Peterson brand lights made in the U.S. The proposed artwork for these boxes shows that three side panels will bear prominent, circular symbols showing an American flag with the words "Made In U.S.A." These symbols are adjacent to printed illustrations and product information relating to the tractor lights. The fourth side panel bears Peterson's name and Missouri address, immediately followed by the words, "Box Printed in Taiwan."

In "Situation 2," tractor lights manufactured in Taiwan will be shipped to the United States already individually packed in boxes printed in Taiwan. The artwork for these boxes shows that there are no references to any countries or localities on the top or side panels, but the bottom panel bears Peterson's name and Missouri address, immediately followed by the words, "Made in Taiwan."

After careful consideration of the facts presented here, together with relevant precedent, we have determined that the proposed marking of the boxes in both of the above situations is acceptable and will be in compliance with Customs law and regulation.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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