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NY A83274



May 3, 1996

MAR-2 RR:NC:FC:231 A83274

CATEGORY: MARKING

Mr. Peter Baskin, Esq.
Sharretts, Paley, Carter and Blauvelt, P.C. 67 Broad Street
New York, NY 10004

RE: THE COUNTRY OF ORIGIN MARKING OF CIGAR PACKS FROM THE DOMINICAN REPUBLIC

Dear Mr. Baskin:

This is in response to your letter dated, May 1, 1996, on behalf of your client, Davidoff of Geneva (CT), Inc., Stamford, CT, requesting a ruling on whether the proposed marking, "Hand made in the Dominican Republic," and "THE BEST VEGAS OF THE DOMINICAN REPUBLIC," are acceptable country of origin marking for imported packs of cigars. Illustrations of the proposed cigar packs were submitted with your letter for review.

The merchandise is comprised of retail cardboard packs that contain five cigars each. The country of origin of the cigars will be marked in two locations on the back panel of the outer sleeve. Block lettering on the back panel will articulate the following:

AVO UVEZIAN'S CIGARS ARE
BLENDED AND HAND-ROLLED
FROM CAREFULLY AGED,
FINE TOBACCO GROWN IN
THE BEST VEGAS OF THE
DOMINICAN REPUBLIC.

The following legend will also appear in slightly larger, and more decorative letters, on the back panel:

Hand made in the
Dominican Republic

The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 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 legible, 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.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations [19 CFR 134.41(a)], provides that, as a general rule, marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The proposed marking of imported packs of cigars, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 USC 1304 and 19 CFR Part 134, and is an acceptable country of origin marking for the imported packs of cigars.

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 attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Ralph Conte at (212) 466-5759.

Sincerely,

Roger J. Silvestri
Director

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