The country of origin marking requirements for aluminum foil from Germany.

NY D87933 February 23, 1999 MAR-2-05:RR:NC:1:118 D87933 CATEGORY: Marking Ms. Marina Simeonov Ma Cher (East) Inc. 180 Madison Ave., Suite 805 New York, NY 10016 RE: The country of origin marking requirements for aluminum foil from Germany. Dear Ms. Simeonov: In your letter dated February 10, 1999, you requested a ruling on the country of origin marking requirements for aluminum foil. The subject product, item number 5x8C45, is aluminum foil measuring 5" x 8" that will be used for beauty preparations (hair tinting). The foil will be made in Germany, then shipped to China for cutting printing and packaging. The foil will be packaged into a cardboard box, which will be made in China. The customers logo, "Redken 5th Avenue NYC" will be printed on one side of the box. Each box will house 500 sheets of the aluminum foil. After packing the German-made foil in China, it will be shipped directly to the United States. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. §1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States. Section 134.46 of the Customs Regulations (19 C.F.R. §134.46) provides that in any case where the words "U.S.," "American," or any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on any imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and at least in a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. 19 C.F.R. §134.46 applies in your situation as the intended importation has the Redken 5th Avenue NYC address prominently indicated. It is the opinion of this office that the cardboard box should be marked in a manner similar to what you have suggested: Redken 5th Avenue NYC Foil made in (or product of) Germany Please note the aforementioned requirement --- that this country of origin marking should be made on the same side that the Redken 5th Avenue NYC address appears, in close proximity and in lettering of a comparable size. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 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 Kathy Campanelli at 212-637-7025. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division