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NY C83589

January 27, 1998

MAR-2-49:RR:NC:2:234 C83589


Mr. Karl F. Krueger
AEI-Carr Customs Brokerage Services
1600 West Lafayette
Detroit, Michigan 48216

RE: The Country of Origin Marking of Periodicals, from Canada

Dear Mr. Krueger:

This is in response to your letter dated January 12, 1998, on behalf of your client, Interweb, Inc., Boucherville, Quebec, Canada, requesting a ruling on whether the proposed marking "Printed in Canada" is an acceptable country of origin marking for imported periodicals. Marked samples were submitted with your letter for review; they will be retained for reference.

The periodicals are:

1) Playgirl, February/March 1998
2) Hawk, March 1998
3) Candy Girls, March 1998
4) Heavy Metal, March 1998
5) High Society, April 1998

In each sample, the words "Printed in Canada", are printed at or near the bottom of the publication's masthead. The words are conspicuous and not obscured by other text nearby, or otherwise. In one case they are printed in contrasting red ink; in the others black ink is used.

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.

The proposed marking of imported periodicals, as described above, is conspicuous, legible and permanent, 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 periodicals.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Robert Swierupski

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