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NY 811060

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June 29, 1995

MAR-2 S:N:NV:354 811060

CATEGORY: MARKING

Mr. Thomas A. Manning
President
Palmguard International
P.O. Box 688
Randallstown, MD 21133

RE: THE COUNTRY OF ORIGIN MARKING of Retail Packaging for Imported Sports Gloves.

Dear Mr. Manning:

This is in response to your letter received by this office on May 31, 1995, requesting a ruling on whether the proposed marking on a retail package for gloves is acceptable for purposes of Country of Origin marking. A marked sample glove was not submitted with your letter for review. You did send us a photocopy of the proposed front and back of the retail package.

On the upper back portion of the proposed retail package (10" X 5")the name of your firm and the full address appear. Directly below that is (USA Only) and your firm's 800 telephone number. Below that is MADE IN INDONESIA in block black letters. On the lower back portion of the retail package the words PROTECTIVE CUSHIONS MADE IN THE USA appear in white relief.

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 the ultimate purchaser in the U.S. the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his or her will. United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302, C.A.D. 104 (1940).

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.

Since the country of origin marking appears on the same side of your proposed retail package and is of comparable size to the USA lettering it fulfills the requirements of Section 134.46.

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.

Sincerely,

Jean F. Maguire
Area Director

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