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February 11, 1999

MAR-2:RR:NC:MM:105 D87404


Mr. Richard Wallach
J&J Instruments Inc.
737 East Elizabeth Ave.
Linden, NJ 07036

RE: The Country of Origin Marking of Metal Dental Picks

Dear Mr. Wallach:

In your letter, dated February 1, 1999, you requested a marking ruling.

The samples are each in a relatively heavy, heat-sealed, transparent, plastic pouch with a cardboard header within. From the fact that the bar code and the description are only on the header inside, we agree that the pouch will remain “sealed until it reaches the end user”, we presume a dentist`s office.

The marking on both side is as shown below:


Although Customs Regulation (CR) 134.43-a requires special methods for marking medical instruments, Headquarters Ruling Letter (HRL) 559388, 2-13-96, held that did not negate the alternative of marking its container per CR 134.32-d and CR 134.22.

Regarding that marking itself, we note the “Linden, NJ 07036 U.S.A.” in very large print on the front of the header and in moderate size print on its back. The “Made in Pakistan” is only on the front, is smaller than either “Linden...U.S.A.”, and is at a right angle to the other printing, but it is large enough to be very legible and is against a white background. Although there would be even less chance of possible confusion for the purchaser regarding the true country of origin if each “Linden...U.S.A.” were removed, the marking is acceptable as is, noting CR 134.46 as amended by Treasury Decision (TD) 97-72, 8-20-97. Although CR 134.22 was not similarly amended to ease the “close proximity” requirement, CR 134.46 does apply to “containers” as well as “articles”.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 James Sheridan at 212-637-7037.


Robert B. Swierupski
National Commodity

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