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NY 817140




December 8, 1995

MAR-2-49:RR:NC:GI:234 817140

CATEGORY: MARKING

Mr. Thomas E. Johnson
Baker & McKenzie
Attorneys at Law
130 East Randolph Drive
Chicago, Illinois 60601

RE: Country of Origin Marking of Imported Childrens' Books

Dear Mr. Johnson:

This is in response to your letter to the Headquarters Office of the Customs Service, dated November 15, 1995, on behalf of your client R.R. Donnelley & Sons Company, requesting a ruling on whether marking the container in which childrens' books are imported with the country of origin in lieu of marking the books themselves is an acceptable country of origin marking for the imported books. A marked sample container was not submitted with your letter for review.

Donnelley has received an order from a Japanese customer for some childrens' books which will be called "Anne's World", based on the Anne of Green Gables series. There will be one hardcover book and one soft cover book printed in Japanese. The books will be printed in Reynosa, Mexico, and will be imported in bulk by Donnelley at the Hidalgo, Texas, port of entry to be sent to Donnelley's Crawfordsville, Indiana, plant. At the Crawfordsville plant a CD Rom and the books will be placed in a plastic slip cover and in that form they will be exported to Japan.

In this transaction Customs considers R.R. Donnelley to be the ultimate purchaser in the United States, within the meaning of the marking statute, of the imported childrens' books.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the childrens' books by viewing the container in which it is packaged, the individual childrens' books would be excepted from marking under this provision.

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 or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Carl Abramowitz, at (212) 466-5733.

Sincerely,

Roger J. Silvestri
Director

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