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NY 809421





April 24, 1995

MAR-2-05:S:N:N3:115 809421

CATEGORY: MARKING

Ms. Cecilia Castellanos
Withrow Zerwekh & Co.
1241 Watson Center Rd.
Carson, CA 90745

RE: The country of origin marking requirements for pole pruners assembled in the U.S. with components from Taiwan, Japan and the U.S.

Dear Ms. Castellanos:

In your letter dated April 4, 1995, you requested a ruling on the country of origin marking requirements for a pole pruner, on behalf of your client, Corona Clipper, Corona, CA. Your submitted samples will be returned to you as requested.

The subject items are described as follows:

1) 10 foot pole pruner, item TP3811
2) 12 foot pole pruner, item TP3841
3) 12 foot pole pruner, item TP3851
4) 12 foot pole pruner, item TP6811

All of the above pole pruners are assembled in the United States by Corona Clipper. The blades are made in Taiwan. The assorted hardware is made in Japan. The handle is made in the U.S. After assembly, they are sold for retail in a package which is carded and hermetically sealed. On each card is the marking "Assembled in the U.S.A. from component parts manufactured in Japan, Taiwan and the U.S.A." On a different section of the card is the Corona Clipper U.S. address.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States.

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

None of the pole pruners are legally marked noting the statutes cited above. Where the Corona U.S. address appears, "Assembled in the U.S.A. from component parts, manufactured in Japan, Taiwan and the U.S.A." should also be displayed.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. 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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