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NY J87564




July 28, 2003

MAR-2 RR:NC:2:231 J87564

CATEGORY: MARKING

Ms. Sue Awdry
Carolina Tobacco Company
5620 Southwest Dover Lane
Portland, OR 97225

RE: THE COUNTRY OF ORIGIN MARKING OF CIGARETTES.

Dear Ms. Awdry:

This is in response to your letter dated July 16, 2003 requesting a ruling on whether the proposed marking “Made in South Africa” is an acceptable country of origin marking for imported cigarettes. A marked sample was not submitted with your letter for review.

You indicate that you will import ROGER® brand cigarettes that are manufactured in South Africa. The wording “Made in South Africa” will appear on the boxes, outer cartons, and packages of the products.

The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 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.

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. 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, “Made in South Africa,” if conspicuously, legibly and permanently marked, would be an acceptable country of origin marking for the imported cigarettes.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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