The Country of Origin Marking of Periodicals, from Canada

NY C84781 March 3, 1998 MAR-2-49:RR:NC:2:234 C84781 CATEGORY: Marking Mr. Karl F. Krueger AEI-Carr Customs Brokerage Services 1600 West Lafayette Detroit, Michigan 48216 RE: The Country of Origin Marking of Periodicals, from Canada Dear Mr. Krueger: This is in response to your letter dated February 11, 1998, on behalf of your client, Interweb, Inc., Boucherville, Quebec, Canada, requesting a ruling on whether the proposed marking "Printed in Canada" is an acceptable country of origin marking for imported periodicals. Marked samples were submitted with your letter for review; they will be retained for reference. The issuance of this ruling is not to be taken as approval of admissibility, with regard to Sec. 305, Tariff Act of 1930, as amended, (19 U.S.C. 1305) of the publications represented by these samples. Decision as to admissibility will be made by Customs officials at the port of entry. The periodicals are: 1.) Voluptuous, April 1998 2.) Score, May, 1998 3.) Leg Sex, April 1998 4.) Baby Face, Special Edition 5.) Stacked and Packed, Special Edition 6.) Naughty Neighbors, April 1998 In each sample, the words "Printed in Canada" are printed at the end of the publication's masthead, in type no smaller than the adjoining type of the publication information which precedes them. They are large enough to be legible, and are not obscured by the other text nearby, or otherwise. 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. As provided in section 134.41(b), Customs Regulations (19 C.F.R. 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. The proposed marking of imported periodicals, as described above, is conspicuous, legible and permanent, in satisfaction of 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 periodicals. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177). A copy of this 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 Carl Abramowitz at (212) 466-5733. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division