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NY M83577

May 31, 2006

MAR-2 RR:NC:2:224 M83577


Paul S. Anderson
Sonnenberg & Anderson
300 South Wacker Drive
Suite 1220
Chicago, IL 60606

RE: Country of Origin Marking of Imported Firearms. 19 U.S.C. 1304; 19 CFR 134.46

Dear Mr. Anderson:

This is in response to your letter dated May 11, 2006, on behalf of your client, Springfield, Inc. of Geneseo, IL, requesting a ruling on whether the proposed marking "Made in Brazil - Imbel" is an acceptable country of origin marking for imported firearm pistols if another marking "SI Geneseo, IL USA" appears on the articles which is a locality other than the actual country of origin of the articles. A marked sample was not presented with your letter for review. However, a drawing of the pistol with the proposed marking was submitted.

The merchandise consists of a “model 1911” pistol. The trademark “Springfield Armory” is prominently displayed on the side of the firearm. The submitted drawing indicates, and you have stated, that immediately below this mark will be the phrasing “SI Geneseo, IL USA” and immediately below that will be the mark “Made in Brazil – Imbel,” both latter marks in a conspicuous place, easily legible and in the comparatively same print size. The reverse side of the pistol will have model number 1911 permanently etched in the side and no other markings. You state that when sold to the ultimate purchaser in the United States, the firearm will be displayed in a display case and actually sold within a plastic carrying case. Inside the carrying case and securely attached to the pistol will be a hangtag that also indicates the mark “Made in Brazil.”

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.

Part 134, Customs Regulations, (19 CFR Part 134) implements the country of origin marking requirements and the exceptions of 19 U.S.C. §1304. Under section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin is considered to be conspicuous if the ultimate purchaser in the United States is able to find the marking easily and read it without strain. Potentially of concern in the instant case, however, are the requirements of a related provision of the marking regulations, section 134.46, Customs Regulations (19 CFR 134.46).

Section 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 imported model 1911 pistols, 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 firearms. All importations of the model 1911 pistols entered for consumption must fully conform to the country of origin marking requirements of the referenced statutes, as set forth in this ruling.

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 Tom McKenna at 646-733-3025.


Robert B. Swierupski

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