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HQ 560337

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June 27, 1997

MAR-2-05 RR:TC:SM 560337 CW

CATEGORY: MARKING

Stephen S. Spraitzar, Esq.
George R. Tuttle Law Offices
Three Embarcadero Center, Suite 1160
San Francisco, California 94111

RE: Country of origin marking for products of Hong Kong imported on or after July 1, 1997

Dear Mr. Spraitzar:

This is in response to your letter of February 28, 1997, on behalf of Computer Products, Inc., requesting a ruling on the proper country of origin marking of products of Hong Kong after the reversion of that region to China on July 1, 1997.

FACTS:

With respect to goods produced in Hong Kong after July 1, 1997, you ask whether any or all of the following country of origin markings will be acceptable when those goods are imported into the U.S.:

Made in Hong Kong, China.

Made in Hong Kong.

Made in China.

ISSUE:

Whether the above country of origin markings are acceptable for imported goods produced in Hong Kong after July 1, 1997.

LAW AND ANALYSIS:

Section 304 of the 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

By notice published in the Federal Register on June 5, 1997 (62 FR 30927), Customs notified the public "that, unless excepted from marking, goods produced in Hong Kong which are entered or withdrawn from warehouse for consumption into the U.S. on or after July 1, 1997, shall continue to be marked to indicate that their origin is Hong Kong.'"

Thus, in regard to the three country of origin markings you have suggested, only "Made in Hong Kong" would be acceptable.

HOLDING:

Unless excepted from country of origin marking, goods produced in Hong Kong which are entered or withdrawn from warehouse for consumption into the U.S. on or after July 1, 1997, shall continue to be marked to indicate that their origin is "Hong Kong." Markings which indicate that the origin of such goods is China will not be acceptable.

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,


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