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NY A83905

May 31, 1996

MAR-2-05:RR:NC:GI:115 A83905


Mr. William A. Vollmerhausen
Kmart Corporation
International Headquarters
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The country of origin marking requirements for a pizza cutter from China and Taiwan.

Dear Mr. Vollmerhausen:

In your letter dated May 17, 1996, you requested a ruling on the country of origin marking requirements for a pizza cutter. The subject item is a pizza cutter. The item is made of a stainless steel circular pizza cutter wheel approximately 3" in diameter. This wheel or cutter is attached to a plastic handle. The cutter is clearly marked in a die-sunk fashion "China". The pizza cutter will be sold at the retail level affixed to a cardboard display piece. On this cardboard display, will be the designation American Gourmet. The marking "made in China" is in close proximity to the term American Gourmet.

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. Your product is legally marked as to its country of origin in the condition you have presented it, in this inquiry.

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.


Roger J. Silvestri
Area Director

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