NY A80244 - COUNTRY OF ORIGIN MARKING OF IMPORTED APS CAMERAS - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1996 NY Rulings > NY A80201 - NY A80269 > NY A80244

Previous Ruling Next Ruling
NY A80244

April 15, 1996

MAR-2 RR:NC:GI:114 A80244

CATEGORY: MARKING

Mr. Ned H. Marshak
Sharretts, Paley, Carter& Blauvelt, P. C. Sixty-seven Broad Street
New York, N. Y. 10004

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED APS CAMERAS

Dear Mr. Marshak:

This is in response to your letter dated March 14, 1996, on behalf of Fuji Photo Film USA Inc. and Hankyu International Transport (U.S.A.) Inc., requesting a ruling on the proposed country of origin marking for certain photographic cameras. The six models of APS (advanced photographic system) cameras submitted for a ruling are the Endeavor 10, the Endeavor 300 Zoom, the Endeavor 250 Zoom, the 4000 SL, the Endeavor 100 and the Endeavor 100E. The Endeavor 100 and 100E were withdrawn from this request for a ruling. Marked samples of the cameras will be submitted for a country of origin marking ruling in the future.

The Endeavor 10 and the Endeavor 300 Zoom contain the words "Designed by Fuji Photo Film Co., Ltd.,, Tokyo Japan" printed on the body of the camera. Directly below these words are the words "Made in Indonesia". A sample of each of the cameras was submitted.

Also submitted was the cardboard box in which the Endeavor 10 and the Endeavor 300 Zoom will be packaged and sold. The cardboard box is marked "Designed by Fuji Photo Film Co., Ltd., Tokyo Japan"; below this, the box is marked "Made in Indonesia". The boxes will not be sealed for sale to the customer.

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.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

The proposed marking of the Endeavor 10 and the Endeavor 300 Zoom, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the cameras.

The Endeavor 250 Zoom and the 4000 SL cameras are marked "Made in Japan" on the camera body. A sample of each of the cameras was submitted to this office. A sample of the cardboard packaging for the Endeavor 250 Zoom was also submitted. The box is marked "Made In Japan". Directly below are the words "by Fuji Photo Film Co., LTD., Tokyo".

The proposed marking of the Endeavor 250 Zoom and the 4000 SL, as described above, satisfied the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the cameras.

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

A copy of the ruling 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 the ruling, contact National Import Specialist Barbara Kiefer at 212-466-5685.

Sincerely,

Roger J. Silvestri
Director

Previous Ruling Next Ruling