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NY 803198

October 19, 1994

MAR-2 S:N:N7:232 803198


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

RE: THE COUNTRY OF ORIGIN MARKING OF A Gift Box Containing Sambuca and Coffee.

Dear Ms. Jones:

This is in response to your letter dated October 12, 1994 requesting a ruling on whether the proposed marking "Product of Italy" is an acceptable country of origin marking for an imported gift box of Sambuca and coffee. A marked sample was submitted with your letter for review.

The subject merchandise consists of a 750 milliliter bottle of "Paolucci Sambuca" liqueur and 250 grams of "Lavazza Club" espresso ground coffee packaged together in a gift box of black cardboard with hollowed out spaces to secure the bottle and the coffee. The Sambuca and the coffee can be clearly seen through clear plastic cutouts in the front of the box. The bottle of Sambuca is marked "Product of Italy" in black lettering on a white label. The coffee is marked "Product of Italy" in white lettering on a black cardboard box. Each of the side panels of the black gift box are marked "Product of Italy" in white lettering. The back of the gift box is marked "Italy" in white lettering in the lower right corner.

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 country 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. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. 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.

The proposed marking of imported "Paolucci Sambuca" and "Lavazza Club" coffee, 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 for the imported gift box.

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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