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NY A85711

August 13, 1996

MAR-2-82:R:N4:119 A85711


Mr. Harold Dichter
Leyden Customs Expediters, Inc.
99 Hudson Street
New York, NY 10013-2896


Dear Mr. Dichter:

In your letter dated July 15, 1996 you requested a country of origin marking ruling on teaspoons from Japan. The request is being made on behalf of Stanley Roberts, Inc., Lodi, NJ.

The article to be imported is a sealed plastic container holding three dozen teaspoons. The container has a label with the product code and the marking "Made in Japan". The spoons will be sold in their imported condition by retail distributors who sell to club members in large quantities.

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.

It is noted that Section 134.43 of the Customs Regulations which requires country of origin marking by die stamping, engraving or similar marking does not apply to spoons.

Since the teaspoons will reach the ultimate purchaser in the sealed plastic container as imported, based on the sample furnished, we find that the country of origin marking on the immediate container is sufficient and complies with the Regulations.

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.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466- 5488.


Roger J. Silvestri

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