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NY B87126




July 3, 1997

MAR-2 RR:NC:MM:113 B87126

CATEGORY: MARKING

Ms. Lauren E. Hong
The Disney Store
101 North Brand Boulevard, Suite 1000
Glendale, CA 91203-2671

RE: Country of origin marking of imported activity sets

Dear Ms. Hong:

This is in response to your letter dated June 2, 1997 requesting a ruling on whether the proposed marking "Made in Taiwan" is an acceptable country of origin marking for imported activity sets if another marking "Glendale, California" appears on the article which is a country or locality other than the actual country of origin of the article. A marked sample was submitted with your letter for review.

The merchandise is the 101 Dalmatians Soft Vinyl Activity Set. The set contains 2 pencils, 1 ruler, 1 rubber eraser, 1 pencil sharpener, 1 stamp pad, 3 ink stamps, and a notebook packaged for retail sale in a vinyl bag fitted to the size of the notebook. On the back of the bag is a label [see illustration] which bears all the retail information concerning the article, including the words "The Disney Store, Inc. Glendale California," and "MADE IN TAIWAN." The original label is about 1 1/2 inches square.

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

The proposed marking of imported sets, 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 sets.

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 James Smyth at 212-466-2084.

Sincerely,

Robert B. Swierupski
Chief, Metals and Machinery Branch

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