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June 3, 1999

MAR-2 RR:NC:1:115 E82769


Ms. Claudia Miller
Expeditors International Inc.
P.O. Box 610629
Dallas Fort Worth Airport
Texas 75261-0629


Dear Ms. Miller:

This is in response to your letter dated May 17, 1999 requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported tool set if another marking appears on the article which is 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 (item # 1101) is a tool set that consists of the following: 10 Pc Socket 1/2" Drive, 2 Pc Spark Plug Socket, 1 Pc coupler, 1 Pc Universl Joint, 2 Pc Extension Bar, 1 Pc Ratchet Handle, 1 Pc Sliding T Bar, 4 Pc Hex Key Wrench, 8 Pc Combination Wrench, 1 Pc Groove Joint Pliers, 1 Pc Crimping Tool, 1 Pc Locking Pliers, 3 Pc Slotted Screwdrivers, 2 Pc Phillips Screwdrivers, 1 Pc T-Handle, 9 Pc Socket in Pvc Holder, 11 Pc Bits in Pvc Holder, 1 Pc Tester, 1 Pc Hammer, 1 Pc Gauge, 1039 Assorted Terminals, Fasteners, Screws, Nails and Washers and 1 Pc Blow Mold Plastic Carrying Case. There is a paper sleeve over the plastic carrying case. The case is then shrink wrapped in plastic. The warranty return information on the box indicates a Dallas Texas address followed by “Mfg in Taiwan”. Both the Texas marking and the Taiwan marking are of equal size and color.

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 at the time of importation into the Customs territory of the United States. Containers of articles excepted from marking shall be marked with the name of the country of origin of the article unless the container is also excepted from marking.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

The proposed marking of the imported items, as described above, satisfies 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 tool set.

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 Melvyn Birnbaum at 212-637-7017.


Robert B. Swierupski

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