COUNTRY OF ORIGIN MARKING OF IMPORTED DVD movies; ARTICLE 509

NY I84041 July 17, 2002 MAR-2 RR:NC:1:108 I84041 CATEGORY: MARKING Mr. Michael Doram Creskoff & Doram LLP 1028 North Lake Avenue, Suite 202 Pasadena, California 91104 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED DVD movies; ARTICLE 509 Dear Mr. Doram: This is in response to your letter dated June 28, 2002 requesting a ruling on whether the proposed marking of “Made in Taiwan” is an acceptable country of origin marking for imported DVD movie discs packaged for retail sale if another marking "Printed in the USA" 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 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 the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. 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 imported the DVD movie, packaged for retail sale, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported DVD movie packaged for retail sale. 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