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NY F89379




August 7, 2000

MAR-2 RR:NC:1:108 F89379

CATEGORY: MARKING

Mr. Kent Yan
Panasonic Disc Services Corporation
20608 Madrona Avenue
Torrance, CA 90503

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED DVD MOVIE DISCS.

Dear Mr. Yan:

This is in response to your letter dated June 23, 2000, which was received in this office on July11, 2000, requesting a ruling on whether the proposed marking "Disc made in Taiwan", on the under side of the retail package, is an acceptable country of origin marking for imported DVD movie discs if another marking "USA" 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 DVD movie disc is made in Taiwan imported into the United States in bulk and repackaged solely into its retail consumer package, without any manipulation or transformation to the disc, prior to sale to the ultimate purchaser. The DVD movie disc is clearly marked with the country of origin and it is indicated that the bulk packaging is also properly marked. The retail packaged DVD movie disc is marked with the country of origin however it is not either on the same side or surface as the letters “USA” are indicated.

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 DVD movie disc, in bulk packaging, 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 DVD movie disc. However the country of origin marking of the repackaged DVD movie disc, in its retail package does not meet the requirements set forth in Section 134.46, Customs Regulations (19 CFR 134.46) for the country of origin marking is not on the same side or surface in which the name or locality other than the actual country of origin appears.

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 Michael Contino at 212-637-7039.

Sincerely,

Robert B. Swierupski
Director,

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