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NY 891924

November 5, 1993

MAR-2-05:S:N:N3:115 891924


Mr. Dana R. Pickup
Cuba Specialty Mfg. Co., Inc.
P.O. Box 195
Fillmore, NY 14735

RE: The country of origin marking requirements for crab traps from China.

Dear Mr. Pickup:

In your letter dated October 29, 1993, you requested a ruling on the country of origin marking requirements for folding crab traps.

The products are Star Crab Traps, models S-12 and S-16, which are depicted in your submitted catalog on page 2. These traps fold instantly to a square only 1" thick. They are constructed of rust resistant galvanized steel and vinyl coated wire mesh.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States. Accordingly, the crab traps are required to be marked with the designation China on the products themselves.

Your submitted catalog is satisfactory and not misleading, as far as the country of origin designations are concerned. Furthermore, you also requested the marking requirements for the packaging of the assembled crab traps. Unfortunately, a sampling of the intended packaging was not submitted with your letter. The marking requirements for the packaging of the crab traps which will be assembled here in the U.S. after importation are as follows:

If the packaging of the crab traps is in a sealed condition, which is usually the case, then the packaging must be marked with the designation China. You may indicate on the packaging as you have suggested - Product assembled in the U.S. from parts made in China.

Secondly, section 134.46 of the Customs Regulations (19 CFR 134.46) provides that in any case where the words "U.S.," "American," or 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, (in your case Cuba Specialty Mfg. - should you decide to designate it on your packaging), appear on any imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and at least in a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning.
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.


Jean F. Maguire
Area Director

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