NY E81361 - COUNTRY OF ORIGIN MARKING OF IMPORTED CONFECTIONERY. - United States International Trade Commision Rulings

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May 12, 1999

MAR-2 RR:NC:SP:232 E81361

CATEGORY: MARKING

Mr. Laurence E. Cray
C J International, Inc.
PO Box 75333
Cincinnati, OH 45275

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED CONFECTIONERY.

Dear Mr. Cray:

This is in response to your letter dated April 26, 1999, on behalf of Van Melle, Switzerland, requesting a ruling on whether the proposed marking "Made in Indonesia by: P.T. Van Melle Indonesia" is an acceptable country of origin marking for imported confectionery if another marking "Imported by: Catfish Candies LLC, PO Box 18850, Erlanger, KY 41018" appears on the article which is a country or locality other than the actual country of origin of the article. Marked samples and copies of revised packaging were submitted for review with your initial letter dated March 9, 1999. The copies of the revised packaging labels were also submitted with this request.

The subject merchandise is Fruit-tella, a confectionery product which will be packaged in two ways. It will be imported in retail sale boxes containing 30 foil packages of six individually foil wrapped pieces. The packages of six pieces will be the normal unit of retail sale. The product will also be imported in a plastic container holding 200 individually wrapped candies. The plastic container, or an individually wrapped piece, will be the normal unit for retail sale.

The submitted copies of the packaging labels for the retail sale box, the foil package, the plastic container and the individually wrapped confectionery show the marking Made in Indonesia by: P.T. Van Melle Indonesia, in the same size lettering, either directly above or next to the marking Imported by: Catfish Candies LLC, PO Box 18850, Erlanger, KY 41018". Generally, the marking appears next to the ingredient and nutritional information of the packages. It is stated that the country of origin marking on the individually wrapped pieces will be fully visible and not hidden in the fold of the wrapper.

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), deals with cases 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, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, 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 Fruit-tella confectionery, 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 confectionery.

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 John Maria at 212-637-7059.

Sincerely,

Robert B. Swierupski
Director,

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