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NY R04973

October 18, 2006

MAR-2 RR:E:NC:N1:101 R04973


Mr. Robert Restrepo
Transportation Administrator
Proliance Internal Inc.
100 Gando Drive
New Haven CT 06513


Dear Mr. Restrepo:

This is in response to your letter dated September 26, 2006 requesting a ruling on whether the proposed marking "Made in China" is an acceptable country of origin marking for imported automotive radiators if another marking "Designed by Proliance in the USA" appears on the article containing a reference of a country or locality other than the actual country of origin of the article. A marked sample was not submitted with your letter for review.

You have provided pictures of the marking labels.

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.

The proposed marking of imported automotive radiators, as described above, satisfies the marking requirements of 19 CFR 134.47 and is an acceptable country of origin marking for the imported automotive radiators.

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 Robert DeSoucey at 646-733-3008.


Robert B. Swierupski

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