Country of Origin Marking Of "NEW YORK NEW YORK" brand Cigarettes; 19 CFR 134.47.

HQ 735235 March 11, 1994 MAR-2-05 CO:R:C:V 735235 NL CATEGORY: Marking Mr. Leo R. Casias, Jr. Marketing Specialist Exco Marketing Group 8385 Miramar Mall San Diego, CA 92121 RE: Country of Origin Marking Of "NEW YORK NEW YORK" brand Cigarettes; 19 CFR 134.47. Dear Mr. Casias: This is in reply to your letter dated June 21, 1993, in which you ask for a ruling concerning the country of origin marking requirements for cigarettes produced in Colombia which are to be sold in the U.S. under the "NEW YORK NEW YORK" brand. By letter dated July 8, 1993, you provided this office with a copy of an application for trademark recordation for this name filed with the U.S. Patent and Trademark Office. Finally, by letter dated September 27, 1993, you provided revised artwork for the cartons and packages in which the cigarettes would be sold. FACTS: The revised packaging for this product shows marking as follows: each carton is marked, "Product of Colombia" in lettering of at least 1/4" on the front, back, and both ends (four out of six possible surfaces); each pack is marked on the front, back, and one side (three out of six possible surfaces) in lettering of at least 1/8". ISSUE: Does this marking satisfy the requirements of 19 CFR 134.47? LAW AND ANALYSIS: Part 134, Customs Regulations, implements the country of origin marking requirements and exceptions of section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304). Section 134.47 (19 CFR 134.47), provides that when, as part of a trademark or trade name the name of a location in the United States appears, the article shall be marked with the name of the article's country of origin in close proximity or in some other conspicuous location. The requirements of 19 CFR 134.47 are applicable to imported cigarettes bearing the name "NEW YORK NEW YORK", for which trademark protection in the U.S. has been sought. It is our opinion that the country of origin is conspicuously located when it appears in legible print on three or four of the six possible sides of a cigarette carton or pack. The marking shown on the revised artwork satisfies the requirements of 19 CFR 134.47, and otherwise complies with the requirements of section 304 of the Tariff Act and Part 134, Customs Regulations. HOLDING: NEW YORK NEW YORK brand cigarettes are marked in accordance with 19 U.S.C. 1304 and Part 134, Customs Regulations. Sincerely, John Durant Director, Commercial