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NY 898172

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June 2, 1994

MAR-2-05:S:N:N3:115 898172

CATEGORY: MARKING

Ms. Cecilia Castellanos
Withrow Zerwekh
1241 Watson Center Rd.
Carson, CA 90745

RE: The country of origin marking requirements for saw blades from Taiwan and Japan.

Dear Ms. Castellanos:

In your letter dated May 10, 1994, you requested a ruling on behalf of your client Corona Clipper, on the country of origin marking requirements for saw blades.

The subject items are saw blades that come in various models and sizes. They are described as follows:
a) Model #4534R - Saw Blade Pole Pruner 1700 Blade, Saw, Raker Razor Tooth
b) Model #5330 - Pruning Pole Razor Saw Blade
c) Model #413W - Pistol Grip Razor Saw Blade
d) Models #40, #41, #42, #44, #46 and 46K - Saw Blades

These blades will be further processed in the United States by the addition of a handle to the blade and packed for retail in a cardboard backing with a clear plastic cover. The name and address of the importer is listed along with the statement "Made in Taiwan", in the same lettering and in close proximity to the importer's address.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States.
Section 134.41, Customs Regulations (19 CFR Part 134), requires that "the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain." A marking is not required to be located in the most conspicuous location but should be placed in a location where the ultimate purchaser would be expected to look.

Section 134.46 of the Customs Regulations (19 CFR 134.46) provides that in any case where the words "U.S.," "American," or any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on any imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and at least in a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. Your proposed marking as indicated on the blueprints provided in this inquiry complies with the above marking statutes.

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
Area Director

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