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NY 814201

August 31, 1995

MAR-2 S:N:N6:344 814201


Mr. Delbert R. Henry
The I.C.E. Co., Inc.
P.O. Box 610583
Dallas/Fort Worth Airport, Texas 75261-0583


Dear Mr. Henry:

This is in response to your letter dated August 22, 1995 on behalf of Gencibrosse U.S.A. Inc., Dallas, Texas, requesting a ruling on the acceptable country of origin marking for imported toothbrushes.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

You state in your letter that the toothbrushes will be made in the United States as well as various other countries and sent to France for packaging and subsequent importation into the U.S. You have asked if the marking "Made in the U.S.A. - Packaged in France" would be acceptable for those toothbrushes made in the U.S. It is suggested that you contact the Federal Trade Commission, Washington, D. C. to determine the acceptabililty of such marking.

For those toothbrushes made outside of the United States, the proposed marking as shown on the photocopy of the package submitted with your letter would be acceptable, so long as the package is permanently sealed.

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.


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