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NY A84523

July 1, 1996

MAR-2 RR:NC:GI:114 A84523


Mr. Ned H. Marshak
Sharretts, Paley, Carter& Blauvelt, P. C. Sixty-seven Broad Street
New York, N. Y. 10004


Dear Mr. Marshak:

This is in response to your letter dated June 6, 1996, on behalf of Fuji Photo Film USA Inc., requesting a ruling on the proposed country of origin marking for certain photographic cameras. The two models of APS (advanced photographic system) cameras submitted for a ruling are the Endeavor 100 and the Endeavor 100E.

The Endeavor 100 and the Endeavor 100E have the words "Designed by FujiFilm, Japan" printed on the body of the camera. Directly below these words are the words "Made in Indonesia". A sample of each of the cameras was submitted.

Also submitted were the cardboard boxes in which the Endeavor 100 and the Endeavor 100E will be packaged and sold. The cardboard box is marked "Designed by Fuji Photo Film Co., Ltd., Tokyo Japan"; next to the words "Tokyo Japan" the box is marked "Made in Indonesia". The boxes will not be sealed for sale to the customer.

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.

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.

The proposed marking of the Endeavor 100 and the Endeavor 100E, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the cameras.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Barbara Kiefer at 212-466-5685.


Roger J. Silvestri

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