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NY 809423




April 27, 1995

MAR-2-05:S:N:N3:115 809423

CATEGORY: MARKING

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

RE: The country of origin marking requirements for agricultural tools from Taiwan and Japan.

Dear Ms. Castellanos:

In your letter dated April 4, 1995, you requested a ruling on the country of origin marking requirements for agricultural tools, on behalf of your client, Corona Clipper, Corona, CA. Your submitted samples will be returned to you as requested.

The submitted samples are described as follows:

1) Anvil Lopper, item FL 3420 - 32" two-handed branch pruner - Taiwan
2) Grass Shear, item GS 3750 - edger and trimmer - Taiwan 3) Folding Saw, item PS 4040 - 8" pruning saw - Japan 4) Rigid Saw, item PS 7010 - 13" pruning saw - Japan

The lopper has "Taiwan" die sunk on its surface. It is not blister packed or carded. The grass shear and folding saw are blister packed and carded. The grass shear has the marking "manufactured in Taiwan" indicated on the card in close proximity to the Corona Clipper U.S. address. The folding saw has the marking "manufactured in Japan" in a similar fashion to the grass shear. The rigid saw has "Japan" die sunk on its surface. It is not blister packed or carded.

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 134.46 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 four submitted samples are legally marked, noting the statutes cited above.

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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