The country of origin marking requirements for agricultural tools from Denmark and Austria.

NY 809399 April 27, 1995 MAR-2-05:S:N:N3:115 809399 CATEGORY: Marking Ms. Cecilia Castellanos Withrow Zerwekh & Co. 1241 Watson Center Rd. Carson, CA 90745 RE: The country of origin marking requirements for agricultural tools from Denmark and Austria. Dear Ms. Castellanos: In your letter dated April 4, 1995, you requested a ruling on the country of origin marking requirements for agricultural tools, on behalf of your client, Corona Clipper, Corona, CA. Your submitted samples will be returned to you as requested. The submitted samples are described as follows: 1) Bow Saw, item BS 4010 - 21" bow saw - Denmark 2) Bow Saw, item BS 4020 - 24" bow saw - Denmark 3) Ratchet Pruner, item RP 3240 - shearer and stem trimmer - Austria The bow saws have the marking "made in Denmark" clearly on a permanently affixed sticker on their respective bows. The ratchet pruner itself, marked made in Austria, is sold in a retail package. On the package, the marking "manufactured in Austria" appears on one of its sides. On two other sides, the Corona Clipper U.S. address appears with no indication of the country of origin of the product. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States. Section 134.46 of the Customs Regulations (19 C.F.R. §134.46) provides that in any case where the words "U.S.," "American," or any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on any imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and at least in a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. Regardless of the fact that the ratchet pruner has a country of origin marking on its surface, it is still not legally marked noting the statutes cited above. Where the Corona Clipper U.S. address appears, "Made in Austria" or "Product of Austria" should also be displayed. The two bow saws are legally marked. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport