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NY C81112

November 21, 1997

MAR-2:RR:NC:2:226 C81112


Mr. Allan Sutter
J.W. Hampton, Jr. & Co., Inc.
15 Park Row
New York, NY 10038


Dear Mr. Sutter:

This is in response to your letter, which was received by this office on October 30, 1997, on behalf of your client, Gemco Ware Inc., requesting a ruling on the proposed country of origin marking of a glass kettle. A marked sample was submitted with your letter for review.

You indicated in your letter that "The Whistler" will be imported without any top, handle, or neck band. You further stated that the article is almost always sold without packaging of any kind. In your letter, you ask for our recommendation as to an acceptable form of country of origin marking for the glass kettle. The submitted sample, features a sticker label which reads "Product of Czech Republic".

A sticker or an adhesive label would be an acceptable marking, provided that the sticker is securely attached and sufficiently permanent so that it will remain on the article until it reaches the ultimate consumer. The glass kettle may be marked in any area of the item that will ensure that the country of origin marking is clear and conspicuous, with lettering that is large enough to be clearly readable.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The proposed marking of the imported glass kettle, 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 glass kettle.

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 Jacob Bunin at 212-466-5796.


Robert B. Swierupski

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