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NY J82324




April 14, 2003

MAR-2 RR:NC:2:227 J82324

CATEGORY: MARKING

Ms. Ann Mullan
Kara Irish Pottery
64 Pleasant Street
Methuem, MA 01844

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED CERAMIC GIFTWARE

Dear Ms. Mullan:

This is in response to your letter dated March 13, 2003, requesting a ruling on the acceptable country of origin marking for imported ceramic giftware produced in Portugal and decorated in Ireland. A marked sample was not submitted with your letter for review.

You state that you intend to import ceramic giftware into the United States produced in Portugal and decorated in Ireland. From master moulds crafted in Ireland, undecorated bisque ware will be produced in Portugal and then sent to Ireland for further processing. The processing in Ireland will include applying the appropriate decals, some painting and kiln firing. 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.

In your letter and subsequent telephone conversation with this office, you requested guidance as to a proper marking that would indicate the role in Ireland in the production of the finished giftware.

The imported bisque ware, produced in Portugal, is not substantially transformed by the processing in Ireland and must be clearly marked to indicate it is a product of Portugal. The marking of the imported giftware with wording such as “Decorated in Ireland, made in Portugal” would satisfies the marking requirements of 19 CFR 134.47 and is an acceptable country of origin marking for the imported subject merchandise.

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 George Kalkines at 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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