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NY C86783




April 23, 1998

MAR-2-49:RR:NC:2:234 C86783

CATEGORY: MARKING

Mr. Karl F. Krueger
AEI-Carr Customs Brokerage Services
1600 West Lafayette
Detroit, Michigan 48216

RE: The Country of Origin Marking of Periodicals, from Canada

Dear Mr. Krueger:

This is in response to your letter dated April 6, 1998, on behalf of your client, Interweb, Inc., Boucherville, Quebec, Canada, requesting a ruling on whether the proposed marking "Printed in Canada" is an acceptable country of origin marking for imported periodicals. Marked samples were submitted with your letter for review; they will be retained for reference.

The issuance of this ruling is not to be taken as approval of admissibility, with regard to Sec. 305, Tariff Act of 1930, as amended (19 U.S.C. 1305), of the publications represented by these samples. Decision as to admissibility will be made by Customs officials at the port of entry.

The periodicals, described by you as to name, date, and location of marking, are:

1.) High Society Presents Climax, #12/98, Bottom margin, page 3

2.) The Very Best of High Society, #94, Bottom of masthead, page 1

3.) Party Girls, #12/98, Bottom margin, page 3

4.) The Best of Cheri, Edition #105, Bottom of masthead, page 1

5.) Cheri, July, 1998, Bottom Masthead page 300 and Bottom of table of contents, page 2

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 of periodical #1, above, "Printed in Canada" in the bottom margin of page 3, which is a page devoted in its entirety to advertising, is not, in our opinion, in a conspicuous place, where its purchaser would normally look, to ascertain its country of origin. This sample is, therefore, not legally marked.

Periodical #2, above, bears on its cover the following note: "Retailer: Display until May 14, 1998." From this we deduce that copies of periodical #2 are reasonably likely to have been imported into the United States prior to our receipt of your request for ruling. As we have explained to you in previous correspondence, we will not issue a ruling in connection with issues which have arisen in connection with current or completed Customs transactions.

The marking of periodical #3, above, is identical to that of periodical #1; it is, likewise, not legal marking.

The proposed marking of periodicals represented by samples 4.) and 5.) above, at the bottom of a masthead located on a page at or near the front of the periodical, and at the bottom of a table of contents on a page at or near the front of the periodical, is conspicuous, legible, and permanent, in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 C.F.R. Part 134, and is an acceptable country of origin marking for these periodicals.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this 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 this ruling, contact National Import Specialist Carl Abramowitz, at (212) 466-5733.

Sincerely,

Robert B. Swierupski
Director

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