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NY G82079

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September 18, 2000

MAR-2 RR:NC:2:234: G82079

CATEGORY: MARKING

Ms. Tiffany Pyrkett
Incentive International
Hamilton House, 17A Cedar Road
Sutton, Surrey SM2 5DA
United Kingdom

RE: THE COUNTRY OF ORIGIN MARKING OF A PRINTED BOOK

Dear Ms. Pyrkett:

This is in response to your letter dated September 8, 2000, requesting a ruling on whether the proposed marking, "Printed in England", is an acceptable country of origin marking for imported printed directories of certain golf courses. A marked sample was not submitted with your letter for review.

The article in question is described in our prior classification ruling G80244, dated August 2, 2000, in which we noted that the sample submitted at that time was not marked with its country of origin, and that when imported into the United States such directories would be required to be so marked (e.g. “Printed in England”), legibly, in a conspicuous place and in a manner sufficiently permanent to reach the ultimate purchaser or recipient.

In response, you advise that “the inside of the directories is lined with a velvet material and it is not possible to emboss this legibly.” Further, “(You) are not keen to emboss the outside back cover as this will spoil the appearance of the directories.”

You propose, instead, to “insert a printed certificate inside each directory clearly stating that the item was Printed in England.”, which is your practice when exporting to some European countries.

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.

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. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. 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.

The proposed marking of imported printed directories , as described above, does not in our view meet either the “permanently as the nature of the article will permit” standard of the statute, or the “sufficiently permanent so that it will remain on the article” standard of the regulation. Accordingly, it will not be acceptable for the importation of the subject directories into the United States.

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 Carl Abramowitz at 212-637-7060.

Sincerely,

Robert B. Swierupski
Director,

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