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NY 855276




CLA-2-82:S:N:N1:119 855276

CATEGORY: CLASSIFICATION

TARIFF NO.: ?

Mr. Ronald J. Roth
JMP - Newcor Inc.
4100 Commercial Avenue
Northbrook, IL 60062

RE: The tariff classification of cutlery from Japan.

Dear Mr. Roth:

In your letter dated August 6, 1990, you requested a tariff classification ruling.

Section 134.46 of the Customs Regulations states the following:

In any case in which the words "U.S.," or "American," the letters "U.S.A.," 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 an imported article or its container, there shall appear, legibly and perma- nently, 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.

You plan to import kitchen knives that are die-stamped Japan on the blade, however the paperboard sheaths or blade covers for these knives will bear the name and the U.S. address of your company in con-trasting color (maroon on silver) as part of a warranty statement which is written in French on the left side and in English on the right.

You propose to have printed - we assume in contrasting color - "MADE IN JAPAN" in at least same size letters but all capitals between the two warranty statements but closer to the English text. One of the pictures of the sheaths you enclosed shows the "MADE IN JAPAN" directly under the U.S. address. Either one of these two locations for the country of origin marking would satisfy the regulations. You state that you have in Japan a considerable number of sheaths in stock that are already printed but without the "MADE IN JAPAN" marking. You plan to blind stamp "MADE IN JAPAN" in close proximity to the U.S. address and request Customs' approval of this method of marking.

The U.S. Customs Service has consistently ruled that blind stamping of the country of origin, specially next to a U.S. address in contrasting color, does not meet the legal requirement of legibility. Under normal lighting conditions such marking does not give the ultimate purchaser an adequate opportunity to ascertain the country of origin. We must therefore deny your request for approval of this type of marking.

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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