United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1997 NY Rulings > NY A85002 - NY A85207 > NY A85194

Previous Ruling Next Ruling
NY A85194

July 30, 1996

MAR-2-94: RR:NC:GI: 227 A85194


Mr. Edmund Suen
Saga Musical Instruments
Box 2841
429 Littlefield Avenue
So. San Francisco, CA 94080

RE: The country of origin marking of mandolins from Japan and Korea.

Dear Mr. Suen:

This is in response to your letter dated June 20, 1996, requesting a ruling on whether the marking indicating either the country of origin, "Japan" or "Korea," is an acceptable country of origin marking for the imported mandolins if another marking indicating "Kentucky" appears on the article which indicates a locality other than the actual country of origin of the article. A marked sample was not submitted with your letter for review.

The merchandise at issue is mandolins, known as the "Kentucky Mandolins," which feature the marking of "Kentucky" that is inlaid on the top of the head stock of the mandolins. Further, the county of origin is placed on the back of the head stock as well as in the sound hole of each musical instrument.

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 or surface in which the name or locality other than the actual country of origin appears.

The proposed marking of the imported merchandise, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported mandolins.

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 George Kalkines at 212-466-5794.


Roger J. Silvestri

Previous Ruling Next Ruling