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NY B88260




July 31, 1997

MAR-2 RR:NC:2:231 B88260

CATEGORY: MARKING

Mr. Peter Baskin, Esq.
Sharretts, Paley, Carter and Blauvelt, P.C. 67 Broad Street
New York, NY 10004

RE: THE COUNTRY OF ORIGIN MARKING OF CIGARILLO PACKS FROM DENMARK.

Dear Mr. Baskin:

This is in response to your letter dated, July 22, 1997, on behalf of your client, Davidoff of Geneva (CT), Inc., Stamford, CT, requesting a ruling on whether the proposed marking, "Made in Denmark," is an acceptable country of origin marking for imported packs of small cigars. A sample of the proposed cigarillo packs was submitted with your letter for review. We are returning your sample, as you have requested.

The merchandise is comprised of a green cardboard box that measures 3 1/8 inches in width by 3 5/8 inches in length by 11/16 inch in height. The box has a hinged top, and it contains 20 unwrapped cigarillos. The box is wrapped completely in cellophane. The emblem "Petit Small Cigars," the legend "100% TOBACCO," and the insignia "E. NOBEL," incorporating the phrase "BY APPOINTMENT TO THE ROYAL DANISH COURT" and the words "Copenhagen" and "Denmark," are printed on the top exterior of the box and on the inside of the lid. The front, left, and right side panels of the box feature the term "NOBEL BRAZIL." "NOBEL" is a registered trademark and "BRAZIL" represents the variety of cigarillos. The three panels also bear "20" (the number of cigarillos in the box) and the "Petit" emblem (which is shown on the top panel). The country of origin of the cigarillos is marked on the rear side panel with the phrase "MADE IN DENMARK" in gold block lettering on a dark green background. The same panel also bears the legend "AN AIR OF DANISH QUALITY."

The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 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 legible, 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.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations [19 CFR 134.41(a)], provides that, as a general rule, marking requirements are best met by marking worked into the article at the time of manufacture. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

We note that these packages will be completely sealed in cellophane wrapping. In situations where the article is completely sealed when it is sold at retail, the country of origin marking should appear conspicuously on the outermost retail container. After examining the submitted sample, we find that this container is conspicuously marked with its country of origin.

The proposed marking of imported packs of cigarillos, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 USC 1304 and 19 CFR Part 134, and is an acceptable country of origin marking for the imported packs of small cigars.

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 attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Ralph Conte at (212) 466-5759.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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