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NY B88295

July 30, 1997

MAR-2-RR:NC:2:224 B88295


Larry Chance
Jean D. Duncan Customs Brokers, Inc.
P.O. Box 20696
Atlanta GA 30320


Dear Mr. Chance:

This is in response to your letter dated July 15, 1997, on behalf of Chicago Golf and Sports, Inc., requesting a ruling on whether the proposed marking "Made in Taiwan Republic of China" is an acceptable country of origin marking for imported golf club heads if another marking "Chicago ////" appears on the article containing a reference of a country or locality other than the actual country of origin of the article. A marked sample was submitted with your letter for review.

The sample is described as a level II Midsize #5 "wood" head with the mark "Chicago ////" on the top of the club head. The mark "Chicago" is a trademark registered with the U.S. Patent and Trademark Office for golf clubs and accessories. An adhesive sticker containing the phrase "Made in Taiwan Republic of China" is located on the neck of the club head (where the shaft is attached to the head) about seven centimeters from the "Chicago" mark.

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 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark or trade name or as part of a souvenir marking, the name of the actual country of origin must appear in close proximity to the place name "or in some other conspicuous location". Whether the country of origin appears "in close proximity" or in some other conspicuous place, the name of the country of origin must be preceded by "Made in," "Product of," or words of similar meaning. In other words, if the question concerns a trademark, trade name or souvenir marking, the country of origin marking need only meet the general standard of conspicuousness.

The proposed marking of imported golf club heads, as described above, satisfies the marking requirements of 19 CFR 134.47 and is an acceptable country of origin marking for the imported heads.

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 Tom McKenna at 212-466-5475.


Gwenn Klein Kirschner
Chief, Special Products Br.

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