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NY A80391

February 23, 1996

MAR-2 RR:NC:FC:232 A80391


Ms. Karen E. Jones
Fedway Associates, Inc.
Bldg. 160 Hackensack Avenue
Kearny, New Jersey 07032


Dear Ms. Jones:

This is in response to your letter dated February 9, 1996 requesting a ruling on whether the proposed marking "Product of Italy" on the front and back of imported gift boxes for brandy and liqueur is an acceptable country of origin marking, if another marking "Imported By Fedway Imports Co. Kearny, NJ 07032" appears on the article which is a country or locality other than the actual country of origin of the article. Marked copies of labels and a photocopy of the marked box were submitted with your letter for review.

A photocopy of the gift box for the apricot brandy was submitted as an example of how all of the products will be marked. It is noted that the boxes will contain either 375 milliter or 750 milliter bottles. The front and back of the box contain a depiction of apricots which are being distilled. Below this is the following information:

Apricot Brandy
Product of Italy Distilled and Bottled By Distilleria Berta
Nizza Monferrato(Ati-Italy)
Net contents 375 ML
Alcohol 43% by Vol.

The sides of the box state: "Distilleria Berta". The top of the box is marked "Distilleria Berta" followed by "Nizza Monferrarto(Asti-Italy)" and "Product of Italy". The bottom of the box indicates "Printed in Italy" at the top and "Imported By Fedway Imports Co., Kearny, NJ 07032" at the bottom.

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 gift boxes for the Berta brandies and liqueurs, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported gift boxes. The bottom of the box must also be marked to show "Product of Italy" or "Made in Italy" in close proximity and in a comparable size to "Imported By Fedway Imports Inc. Kearny, NJ 07032".

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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