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HQ 732100


January 18, 1990

MAR 2-05 CO:R:C:V 732100 pmh

CATEGORY: MARKING

Ellen E. Rosenberg, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, N.Y. 10004

RE: Country of origin marking of imported wallets

Dear Ms. Rosenberg:

This is in response to your letter of January 31, 1989, requesting a ruling on behalf of your client, R.H. Macy & Co., Inc. (the importer), on the proper country of origin marking requirements for leather wallets. We apologize for the delay in responding to your request.

FACTS:

The importer will import leather wallets for sale in their retail stores. You have submitted a sample wallet for our examination. The sample is a blue leather wallet measuring approximately 7 and a half inches long and 4 inches deep. The wallet is closed by means of a zipper that runs three quarters of the way around it. The interior of the wallet is divided into two compartments by means of a zippered compartment in the middle. There is also a pocket on each of the interior walls of the wallet. Above one of these pockets is the name "Morgan Taylor" stamped in gold. On the outside of one of these pockets and over to the far edge is a black adhesive label bearing the words "Made In Korea" in gold lettering. The label is approximately one inch long and the lettering is approximately 1/16 of an inch in size. The label is obscured by one of the side folds of the wallet, and is not readily visible unless the wallet is fully opened.

ISSUE:

Whether the country of origin marking on the submitted sample wallet complies with the requirements of 19 U.S.C. 1304.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires, in general, that all articles of foreign origin imported into the U.S. shall be legibly, conspicuously and permanently marked to indicate the country of origin to the ultimate purchaser in the U.S. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in section 143.41, Customs Regulations (19 CFR 134.41), the country of origin marking is considered to be conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

You assert that the adhesive label affixed to the sample wallet is sufficiently secure to remain with the article until it reaches the ultimate purchaser. We agree and note that Customs has previously ruled that adhesive labels affixed to wallets, "secure and permanent enough to remain on the wallet until the ultimate purchaser receives the wallet," satisfy country of origin marking requirements (HQ 730946, issued January 4, 1988). It is our opinion that the adhesive label in this case would survive normal handling; it is sufficiently permanent.

With regard to the conspicuousnes of the label, it is our opinion that it is not easily found. The label is affixed to the wallet in an inconspicuous location, i.e., it is partly obscured by the side fold of the wallet. In addition, the label, itself, is not conspicuous. That is, even when the wallet is fully opened and the label is not obscured, it is not easily found due to the fact that the label is black and is not easily distinguishable from the dark blue background of the wallet. Furthermore, the lettering is only 1/16 of an inch and is difficult to read unless light is shining directly on the the label and is reflected on the gold lettering. Consequently, we find that the country of origin marking, in this case, is not conspicuous. In addition, we note that the name "Morgan Taylor" is readily visible when the wallet is even slightly open. We suggest you place the country of origin label in that location or one similarily conspicuous.

HOLDING:

After careful examination of the submitted sample we find that the country of origin marking does not satisfy the requirements of 19 U.S.C. 1304 and 19 CFR 134.41.

Sincerely,

Marvin M. Amernick

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