MAR-2 RR: NC: 1:108 K81062
Ms. Fusae Nara
Pillsbury Winthrop
One Battery Plaza
New York, NY 10004-1490
RE: COUNTRY OF ORIGIN MARKING OF AN IMPORTED LCD Television from Mexico.
Dear Ms. Nara:
This is in response to your letter dated November 7, 2003, on behalf of your client Sharp electronics Corporation, requesting a ruling on whether the proposed marking "Assembled in Mexico by Sharp”, is an acceptable country of origin marking for imported LCD televisions if another marking "Technical design by Sharp Japan" appears on the article which is a country or locality other than the actual country of origin of the article. A marked sample was submitted with your letter for review.
The proposed marking of the LCD televisions appears permanently and indelibly on the rear panel of the television set. The proposed marking is not deceptive for each marking is in close proximity to each other and letter sized identically.
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 technical design by Sharp Japan and Assembled in Mexico by Sharp, 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 LCD televisions.
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 Michael Contino at 646-733-3014.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division