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NY B87454

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July 24, 1997

MAR-2:RR:NC:2: 227: B87454

CATEGORY: MARKING

Mr. Chuck Keller
Le Creuset of America
One Bob Gifford Blvd. Hwy 68
Early Branch, SC 29916

RE: Country of origin marking of imported baking dishes of stoneware.

Dear Mr. Keller:

This is in response to your letter dated July 3, 1997, requesting a ruling on whether the proposed marking "Made in Thailand" on the top and back portions of the retail packaged cardboard sleeves is an acceptable country of origin marking for the imported baking dishes of stoneware if another marking indicating the importer's address appears on the article containing a reference of a country or locality other than the actual country of origin of the article. A marked sample of the cardboard sleeves were submitted with your letter for review.

The subject merchandise, consisting of stoneware baking dishes, is proposed to be marked as follows:
a) an oval-shape baking dish that is retail packed with a cardboard sleeve that will indicate on its top portion the wording "Made in Thailand" in noting that the back section of the sleeve will be printed with the importer's U.S. address.
b) a rectangular-shape baking dish that is retail packed with a cardboard sleeve that will indicate on its bottom portion, situated near the importer's U.S. address, the wording "Made in Thailand."

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

The proposed marking of the rectangular-shape baking dish, as described above, satisfies the marking requirements of 19 CFR 134.46 and, therefore, is an acceptable country of origin marking. However, in order for the oval-shape baking dish to be considered properly marked, it should also indicate the wording "Made in Thailand" on the back portion of this cardboard sleeve so as to be in compliance with the criteria contained in this regulation.

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 George Kalkines at 212-466-5794.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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