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NY 803063

November 3, 1994

MAR-2 S:N:N227:803063


Mr. Charles Johnson
W.A. Phelps & C0., Inc.
One World Trade Center
New York, N.Y. 10048


Dear Mr. Johnson:

This is in response to your letter dated October 6, 1994, on behalf of Nancy Lopez, requesting a ruling on whether the proposed marking "Made in Japan" is an acceptable country of origin marking for imported ceramic tableware. A marked sample was not submitted with your letter for review. However, several marked samples of ceramic plates in various sizes were receive after receipt of the inquiry.

This request concerns the sufficiency of the country of origin marking of ceramic dinnerware from Japan. You state your client proposes to mark the ceramic dinnerware with adhesive labels to indicate the country of origin. The adhesive labels on which "Made in Japan" appears, measure 1/4 inch square and are in white letters against a purple background. The marking labels are affixed close to the backstamp of the dinnerware.

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 co untry 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. 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. If paper stickers or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. (19 CFR 134.44(B)).

The adhesive labels used on the samples received by this office are in full compliance with section 134.44(B). The labels are conspicuous and they are securely affixed.

The proposed marking of imported ceramic dinnerware, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking.

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.


Jean F. Maguire
Area Director

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