MAR-2-94: RR:NC:GI: 227 A85194
Mr. Edmund Suen
Saga Musical Instruments
Box 2841
429 Littlefield Avenue
So. San Francisco, CA 94080
RE: The country of origin marking of mandolins from Japan and Korea.
Dear Mr. Suen:
This is in response to your letter dated June 20, 1996, requesting a ruling
on whether the marking indicating either the country of origin, "Japan" or
"Korea," is an acceptable country of origin marking for the imported mandolins
if another marking indicating "Kentucky" appears on the article which indicates
a locality other than the actual country of origin of the article. A marked
sample was not submitted with your letter for review.
The merchandise at issue is mandolins, known as the "Kentucky Mandolins,"
which feature the marking of "Kentucky" that is inlaid on the top of the head
stock of the mandolins. Further, the county of origin is placed on the back of
the head stock as well as in the sound hole of each musical instrument.
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 C.F.R. §134.46), requires that in
any case 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, 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 or surface in which the name or
locality other than the actual country of origin appears.
The proposed marking of the imported merchandise, as described above, does
not satisfy the marking requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 134
and is not an acceptable country of origin marking for the imported mandolins.
This ruling is being issued under the provisions of Part 177 of the Customs
Regulations (19 C.F.R. 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 George Kalkines at 212-466-5794.
Sincerely,
Roger J. Silvestri
Director,
National Commodity
Specialist Division