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NY K86193

June 7, 2004

MAR-2 RR:NC:N1:105 K86193


Mr. Richard Zieska
American Dental Accessories, Inc.
7310 Oxford Street
Minneapolis, MN 55426-4513

RE: The Country of Origin Marking of Dental Related Articles from Taiwan

Dear Mr. Zieska:

This is in response to your letter dated May 12, 2004, requesting a ruling on whether your proposed marking is an acceptable country of origin marking for imported Aspirator Tips and Valves. Marked samples were submitted with your letter for review.

The classification of these items is set out in New York Ruling Letter K85025-105, mailed to you on May 3, 2004. The samples in that request had different country of origin marking than the samples you now submit.

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 134.46, 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 three samples are packaged in sealed plastic bags with well secured paper labels which state: “American Dental Accessories, Inc.
7310 Oxford Street
Minneapolis, MN 55426”

Nearby, in approximately equal sized print, but all in capitals, it states:

The paper labels are also the only place in which the item number for the article is shown so their falling off would likely be a considerable inconvenience.

The proposed marking, 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 dental items.

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 J. Sheridan at 646-733-3012.


Robert B. Swierupski

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