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NY K80662




November 20, 2003
MAR-2 RR:NC:1:118 K80662

CATEGORY: MARKING

Ms. Cecilia Castellanos
Western Overseas Corporation
1855 Coronado Ave.
Long Beach, CA 90804

RE: THE COUNTRY OF ORIGIN MARKING OF AN ANVIL PRUNER FROM TAIWAN.

Dear Ms. Castellanos:

This is in response to your letter dated November 7, 2003, on behalf of your client Corona Clipper Inc., requesting a ruling on the classification of an anvil pruner and whether the proposed marking "Manufactured in Taiwan to Corona’s exacting specifications" on the box is an acceptable country of origin marking. A sample was submitted with your letter for review and will be returned to you as requested.

You have described your product as an anvil pruner, model # AP 3110, which is used to cut dry, woody growth. Its blade is made of high carbon steel and it has a vinyl-coated handle. The pruner is approximately 8” in length and cuts up to a ¾” diameter.

The applicable subheading for the anvil pruner will be 8201.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for handtools of the following kinds and base metal parts thereof: spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry: secateurs and similar one-handed pruners and shears (including poultry shears), and parts thereof. The duty rate will be 1¢ each + 2.8% ad valorem.

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.

Customs has recognized that the presence of a geographic location other than the country in which the article was produced on an imported article or its container may mislead the ultimate purchaser as to the true country of origin. Therefore, in cases where the name of a location 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, section 134.46, Customs Regulations (19 C.F.R. §134.46), provides that 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. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported good. Although the proposed phrase “Manufactured in Taiwan to Corona’s exacting specifications” is acceptable, additional marking must be placed in the locality of the U.S. address, as noted above, with the words Made in Taiwan, Product of Taiwan or other words of similar meaning, in order to satisfy the marking requirement.

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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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