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NY 809422

April 27, 1995

MAR-2-05:S:N:N3:115 809422


Ms. Cecilia Castellanos
Withrow Zerwekh & Co.
1241 Watson Center Rd.
Carson, CA 90745

RE: The country of origin marking requirements for saws from Japan.

Dear Ms. Castellanos:

In your letter dated April 5, 1995, you requested a ruling on the country of origin marking requirements for saws, on behalf of your client, Corona Clipper, Corona, CA. Your submitted samples will be returned to you as requested.

The submitted samples are described as follows:

1) Razor Tooth Saw, item RS 7040 - 7" folding pruning saw 2) Razor Tooth Saw, item RS 7060 - 10 1/2" folding pruning saw
3) Razor Tooth Saw, item RS 7120 - 13" pruning saw

The 7" and 10 1/2" saws are in retail packages. On these packages, the marking "manufactured in Japan" appears on one of its sides. On one of the bottom panels, the Corona Clipper U.S. address appears with no indication of the country of origin. The 13" saw is not sold in a package. It retails with a protective carded casing around its blade. This saw is marked manufactured in Japan in close proximity to the Corona Clipper U.S. address. 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.

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, 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.

The 7" and 10 1/2" razor tooth saws are not legally marked noting the statutes cited above. Where the Corona U.S. address appears, "Made in Japan" or "Product of Japan" should also be displayed. The 13" razor tooth saw is 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.


Jean F. Maguire
Area Director

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