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NY 812601




July 21, 1995

MAR-2 S:N:N3:226 812601

CATEGORY: MARKING

Ms. Christine Corsello
Kamden International Shipping, Inc.
P.O. Box 300123 JFK AMF
Jamaica, NY 11430

RE: THE COUNTRY OF ORIGIN MARKING OF DRINKING GLASSES

Dear Ms. Corsello:

This is in response to your letter dated June 28, 1995, requesting a ruling on whether the proposed marking "Germany" is an acceptable country of origin marking for imported drinking glasses. Two marked samples of stemmed drinking glasses were submitted with your letter for review.

Both samples were marked using an etching method. The taller glass has the word "Germany" etched underneath the base attached to the stem. The smaller glass has the same etching in a circle around the bottom of the stem on the top of the base. You asked whether these two etching methods would be acceptable.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

On the samples you have submitted, the etched country of origin marking does not meet the above definition of conspicuous and legible. The marking for both glasses should be much larger and clearer. The smaller glass should be marked in a more conspicuous place.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. 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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