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NY A87959




October 10, 1996

MAR-2 RR:NC:1:102 A87959

CATEGORY: MARKING

Mr. Jeffrey A. Berkman
State Metals, Inc.
131 Jericho Turnpike
Jericho, NY 11753

RE: THE COUNTRY OF ORIGIN MARKING OF HANDLES FOR BALL VALVES

Dear Mr. Berkman:

This is in response to your letter dated September 27, 1996 requesting a ruling on whether the proposed marking "Taiwan" is an acceptable country of origin marking for imported valve handles. Marked samples were submitted with your letter for review.

The sample valve handles are a manufacture of metal and appear to have been die stamped to indicate the country of origin. The handles are marked in a conspicuous location with the word "Taiwan", which is lettered in a stylized script, with the top crossbar of the "T" in Taiwan extended to encircle the lettering. The lettering is difficult to read.

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.

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.

The marking, as described above, while permanent and in a conspicuous location, is rendered in a style of lettering that is not sufficiently legible to allow the ultimate purchaser to read the name of the country of origin without strain. The proposed marking does not meet the requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported valve handle.

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 provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth T. Brock at 212-466-5493.

Sincerely,

Roger J. Silvestri

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