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NY 814834

September 21, 1995

MAR-2 R:N2:232 814834


Ms. Sally Williams
Hellas International, Inc.
38 Sumer St.
Salem, Massachusetts 01970


Dear Ms. Williams:

This is in response to your letter dated September 1, 1995 requesting a ruling on whether the proposed marking "Product of Greece" is an acceptable country of origin marking for imported olive oil if another marking "Hellas International, Inc., Salem MA, 01970" appears on the article which is a country or locality other than the actual country of origin of the article. A marked sample was not submitted with your letter for review.

The issues concern the marking of Greek extra virgin olive oil at the time of importation, and the relabeling of the extra virgin olive oil after it has been cleared through U.S. Customs.

You indicate that at the time of importation the olive oil will contain a temporary, plain white paper label, which is glued to the front of the bottle and will state:

SALEM MA,01970
NET WT.500 ML (16.9 fl.Oz.)

After importation, the temporary label will be removed, a cloth netting will be applied to the top of the bottle and a new label will be placed over the cloth netting. A sample of the new label was submitted with your request. This label consists of a heavy white paper which is designed to wrap around the bottle of olive oil. The front of the label has a profile of the goddess Athena. Below the profile, in large gold lettering, is the word "Morea". Directly below "Morea", on three separate lines, in gray lettering, are the words: "Unfiltered", "EXTRA VIRGIN OLIVE OIL" and "Net wt:500 mL(16.9fl.oz)". The lower right portion of the label, which will appear in the back of the bottle, states: "Product of Greece", followed by a blank space and then, in the same size lettering, the words: "Imported by Hellas International, Inc." on one line and "Salem,MA 01970" on the following line.

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 the extra virgin olive oil , 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 product as it is imported with the temporary label, and as it is relabeled after importation.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Maria at 212-466-5730.


Roger J. Silvestri

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