COUNTRY OF ORIGIN MARKING OF IMPORTED JUMBO WOODEN PENCILS

NY M82510 April 27, 2006 MAR-2 RR:NC:2:224 M82510 CATEGORY: MARKING Mr. Ray Reel National Pen Co. LLC Tennessee Division 342 Shelbyville Mills Road Shelbyville, TN 37160 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED JUMBO WOODEN PENCILS Dear Mr. Reel: This is in response to your letter dated April 10, 2006, requesting a ruling on whether the proposed marking "Pencils made in Taiwan, decorated and assembled in China" is an acceptable country of origin marking for imported jumbo wooden pencils if another marking appears on the article which is a country or locality other than the actual country of origin of the article. In this case, the other marking is “U.S.A.”. A marked sample was submitted with your letter for review. 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 imported jumbo wooden pencils, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported merchandise. The proposed marking is not acceptable because the country of origin marking on the pencil is not comparable in size to the U.S.A. marking that is printed on the pencil. 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division