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NY A86322

August 27, 1996

MAR-2 RR:NC:FC:225 A86322


Mr. Thomas A. Penksa
Cunsulting Services Department
PBB Group
434 Delaware Ave.
Buffalo, N.Y. 14202


Dear Mr. Penksa:

This is in response to your letter dated July 24, 1996, received in this office on July 29, 1996, requesting a ruling on whether the proposed marking "Printed in Canada" is an acceptable country of origin marking when placed on the inside front page of various puzzle books and omitted from pages containing printed advertisements. A marked sample was submitted with your letter for review.

Two puzzle activity books, "Variety Puzzles and Games" and "Crossword Puzzles and More" were submitted with your inquiry. Both are marked with the words "Printed in Canada" on the first inner page which may also be referred to as the "signature page". You raise the issue of whether the country of origin must also be present on the inside front and back covers of the books which contain an advertisement referring to a U.S. address.

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 C.F.R. ?134.46), requires that when the name of any city or locality in the U.S. appear on an imported article, there shall appear, legibly and permanently, in close proximity to such name, and in at least a comparable size, the name of the country of origin preceded by "Made in", "Product of", or words of similar meaning.

However, in several rulings (citations omitted) Customs has indicated that geographic references appearing in connection with an imported article do not necessarily trigger the requirements of 19 C.F.R. ?134.46. The basis of these rulings was that while the names and addresses, taken alone, would appear to be the kinds of potentially confusing information addressed by 19 C.F.R. ?134.46, their context was such that no confusion as to country of origin of the imported article was conceivable.

This is the case with respect to the described puzzle books submitted herein. The requirements of 19 C.F.R. ?134.46 are not triggered by the printed advertisements.

Therefore, the proposed marking of imported "Puzzle Books", 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 goods.

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 Alice J. Wong at 212-466-5538.


Roger J. Silvestri

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