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NY 801008




August 30, 1994

MAR-2-95:S:N:N8:225 801008

CATEGORY: MARKING

Mr. Samuel Zekser
Sobel Shipping Co., Inc.
170 Broadway Suite 1501
New York, N.Y. 10038-4184

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED STUFFED DOLLS AND TOYS

Dear Mr. Zekser:

This is in response to your letter dated August 11, 1994, requesting a ruling on whether the proposed marking "MADE IN CHINA" is an acceptable country of origin marking for imported stuffed dolls and toys if another marking appears on the article which is a country or locality other than the actual country of origin of the article. In lieu of a marked sample, you have submitted a photocopy of a textile label with your letter for review.

The photostat supplied reads as follows:

UNEEDA DOLL CO. INC.,
BROOKLYN, N.Y. 11232-2494
STUFFED WITH POLYESTER
ALL NEW MATERIAL
LIC. NO. OHIO-NY37213
PA. 2328 (HK)
MASS. T-13, MAINE-10 CE
NEW YORK, NY0037213 UNEEDA (TMK)
MADE IN CHINA

In a phone conversation with our office you indicated that the fabric label had no marking whatsoever on the reverse side and in fact was not the type of label that would be folded similar to a "loop". The labels would be securely attached to various style dolls or toys.

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 or surface in which the name or locality other than the actual country of origin appears.

The proposed marking of dolls and toys, 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 imported good. This ruling is not applicable to articles which are repackaged in a manner which would obscure the approved label.

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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