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NY 808505

April 3, 1995

MAR-2 S:N:N7:232 808505


Ms. Marty Langtry
Tower Group
5420 W. 104th Street
Los Angeles, CA 90045


Dear Ms. Langtry:

This is in response to your letter dated March 20, 1995, on behalf of D&D Imports, requesting a ruling on whether the proposed marking "Made in the United Kingdom" or "Product of the United Kingdom" is an acceptable country of origin marking for imported wine-box kits if another marking, such as "Medium German White", "French Red", "Medium German Mosel", or "Italian Light Dry Crisp White" appear on the article. A marked sample was submitted with your letter for review.

The subject merchandise is a wine-box which consists of a rectangular cardboard box approximately 13 inches high, 8 inches wide and 8 inches deep. Inside the box is a plastic bag with a cap/release valve and a spigot. The spigot fits through a specially designed hole in the box. The plastic bag is manufactured in the United Kingdom from raw material from Japan. The plastic bag is stated to contain 94 percent beet sugar from the United Kingdom, 1.9 percent sprayed dried white wine from Germany, France or Italy, 1.86 percent citric acid from Belgium, 1.1 percent diammonium phosphate from Belgium, 1.1 percent ammonium sulphite from Holland, 0.36 percent aspartame from Japan and .005 percent crocin processed in the United Kingdom from raw material from Thailand. There are separate packets of wine stabilizer from the United Kingdom and yeast from Denmark inside the box. The above components will be processed into the finished wine-box in the United Kingdom. The product allows the consumer to produce a wine at home by adding water and the contents of the packets to the plastic bag and letting the mix ferment for several weeks. Printed on the submitted sample, near the center of the front and back of the box, are the words "Medium German White" in black lettering on a yellow background. Above this, on the front panel, in large black lettering on a dark gold background is the word "Liebfraumilch". The sides of the box, near the top of the panel, also contain the words "Medium German White" but in white lettering on a dark green background. You indicate that several types of wine-boxes will be imported, which contain the following terms: "French Red", "Medium German Mosel", "Sangria", "Wine and Fruit Punch" and "Italian Light Dry Crisp White". You propose to mark the box "Made in the United Kingdom" or "Product of the United Kingdom" in white lettering, which is smaller in size than that used for "Medium German White". This marking will appear on the lower left portion of the panel.

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.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality 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, 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.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

The proposed marking of imported wine-box kits which contain the description "Made in the United Kingdom" or "Product of the United Kingdom", as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported wine-boxes which contain the description "Sangria" or "Wine and Fruit Punch", provided it is in a contrasting color. White lettering would not be visible on the light yellow background. However, the instant merchandise, which contains the words "Medium German White", must be marked "Made in the United Kingdom" or "Product of the United Kingdom" in a comparable size lettering as "Medium German White", wherever this description appears on the wine-box. The country of origin may be shown on the lower left portion of the front and back panels. The country of origin should be shown near the middle of the side panels, since "Medium German White" appears towards the top of the panels. This type of marking would also apply to the wine-boxes containing the descriptions "French Red", "Medium German Mosel", and "Italian Light Dry Crisp White".

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. 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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