NY 0853632 - The marking of imitation jewelry articles from Mexico. - United States International Trade Commision Rulings

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NY 853632

June 29, 1990

MAR-2-71:S:N:N3G:344

CATEGORY: MARKING

Mr. George Godeck
Alia, the craftspeople, inc.
Box 94 Route 30
Harmonyville, VT 05353

RE: The marking of imitation jewelry articles from Mexico.

Dear Mr. Godeck:

In your letter of June 6, 1990, you requested a ruling on the country of origin marking of imitation jewelry (costume jewelry) articles of Mexican origin.

A photocopy of the marking that you wish to employ, and a sample bearing the markings, were submitted with your letter. The sample is permanently marked (die-sunk) "designed in Vermont U.S.A.," and "hand made in MEXICO." The words "Vermont U.S.A." and "in MEXICO" appear in parallel lines in close proximity. The "MEXICO" marking is in letters that are approximately 25% larger than the size of the letters in the "U.S.A." marking.

Section 134.11, Customs Regulations, states: "Unless excepted by law, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the the nature of the article will permit, in such manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S."

Section 134.46, Customs Regulations, states: "In any case in which the words "U.S.," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on an imported article or its container, 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."

The markings described above are in keeping with the Customs Regulations and are therefore acceptable. Imitation jewelry articles manufactured in Mexico and so marked (as per your sample) will be legally marked.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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