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NY B86056





June 6, 1997

MAR-2-RR:NC:2: B86056

CATEGORY: MARKING

Mr. Julian Tope
Sales Director
Crown Graphic Group Ltd
Babbage Road, Totnes
Devon TQ9 5XH, United Kingdom

RE: The country of origin marking of recording charts and pens, from England

Dear Mr. Tope:

This is in response to your letter dated May 28, 1997, requesting a ruling on whether the proposed marking "Made in England" is an acceptable country of origin marking for imported recording charts and pens (industrial consumable spares). Marked samples were submitted with your letter for review.

The samples are rolls, sheets, and dials, of paper, printed for self-recording apparatus, and recording pens, to be imported in a paperboard box, (fan-folded paper, with sprocket holes), shrink wrapped (continuous roll of paper), in a heavy paperboard envelope (circular dials), or in a sealed clear plastic tray (recording pens).

Each such box, shrink wrap, envelope, and tray has securely affixed to it a white paper label, which has printed on it in bold black ink the words, "Made in England". There will also be on the label a U.S. address, in close proximity to the country of origin marking, in type not larger than the type of the marking legend.

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.

The proposed marking of imported charts and pens, as described above, is conspicuous, legible and permanent and is an acceptable country of origin marking for them.

You also asked our view on the use of the term, "Made in the EEC" to replace "Made in England".

This will not satisfy our marking statute. "EEC" has been determined not to be acceptable as an "English name of the country of origin", for purposes of 19 U.S.C. 1304.

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 or the control number indicated above should be provided with the entry documents filed at the time this merchandise is entered. If you have any questions regarding this ruling, contact National Import Specialist Carl Abramowitz, at (212) 466-5733.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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