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NY L84046

May 11, 2005

MAR-2 RR:NC:1:102 L84046


Mr. Paul Ostrem
Thermo King Corporation
314 West 90th Street
Minneapolis, MN 55420-3693


Dear Mr. Ostrem:

This is in response to your letter dated April 8, 2005 requesting a ruling on whether the proposed marking "MADE IN JAPAN" is an acceptable country of origin marking for imported bearing sets if another marking appears on the article which is a country or locality other than the actual country of origin of the article. Marked samples of the packaging for the bearing sets were submitted with your letter for review.

The submitted samples of the packaging are printed with “ THERMO KING”, followed underneath on three separate lines by “Aftermarket Division”, “Minneapolis, MN”, and “Shannon, IRL”. Directly below these markings a label is permanently affixed that identifies the contents of the package by name and item number and includes the marking “MADE IN JAPAN” to indicate the country of origin of the contents. The markings “Minneapolis, MN”, “Shannon, IRL”, and “MADE IN JAPAN” are sufficiently similar size. You inquire as to the acceptability of this marking.

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 proposed marking of the imported bearing sets, 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 articles.

In your ruling request you also inquire as to the treatment of reusable shipping containers for Customs entry purposes. Generally, reusable shipping containers used in international trade are classified separate and apart from the goods they are used to transport. Such containers may also be designated as instruments of international traffic and released from Customs custody without entry or the payment of duty pursuant to the provisions of section 10.41a, Customs Regulations (19 CFR 10.41a). However, we need additional information in order to issue a ruling.

Please describe the containers in detail. Identify the material(s) the containers are made of and explain how the containers are used. Have the containers in question been designated as instruments of international traffic? If the containers have not been so designated, are you requesting that they be designated as instruments of international traffic?

If you decide to resubmit your request, please include the requested information and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 Kenneth T. Brock at 646-733-3009.


Robert B. Swierupski

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