NY E82718 - COUNTRY OF ORIGIN MARKING OF IMPORTED 15 PC STEAK KNIFE SET WITH PLASTIC HANDLES - United States International Trade Commision Rulings

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June 1, 1999

MAR-2 RR:NC:1:115 E82718

CATEGORY: MARKING

Ms. Claudia Miller
Expeditors International Inc.
P.O. Box 610629
Dallas Fort Worth Airport
Texas 75261-0629

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED 15 PC STEAK KNIFE SET WITH PLASTIC HANDLES

Dear Ms. Miller:

This is in response to your letter dated May 17,1999 requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported steak knives if another marking 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 sample (item # CTDC15) consists of a wooden holder, (block), 6 steak knives, paring knife, utility knife, slicer boner, bread knife, butcher, chef knives and all purpose delux household shears. The set is packaged in a sealed cardboard carton that lists the name and address of the Customer Service office of the importer along with the country of origin of the merchandise.

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 items 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 steak knife set.

The submitted sample meets the requirements of 134.32(d) of the Customs Regulations.

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 Melvyn Birnbaum at 212-637-7017.

Sincerely,

Robert B. Swierupski
Director,

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