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HQ 733246


May 21, 1990

Mar-2-05 CO:R:V:C 733246 RSD

CATEGORY: MARKING

Ms. Susan Wildau
350 Sharon Park Drive
Menlo Park, California 94025

RE: Country of origin marking requirements for cotton string bag

Dear Ms. Wildau:

This is in reply to your letter dated March 28, 1990, requesting a ruling on the country of origin marking requirements for a cotton string shopping bag.

FACTS:

You plan to import cotton knit string bags from France. The bag has a net like appearance and is unlined. It is our understanding that it is commonly known as a "French Shopping Bag." The manufacturer is Filet L'Honneur, Caen-Cedex, France. A sample of the bag with the proposed country of origin marking was submitted. The country of origin appears on a paper tag which is folded over the top of the bag and securely affixed to the bag by means of a plastic barb. Both sides of the tag are printed with French descriptive literature and the English phrase "Made in France."

ISSUE:

Is the country of origin marking on the cotton string bag by means of a paper tag which is securely affixed by a plastic barb sufficiently conspicuous and permanent?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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. Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. "The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940).

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 134.41(b), Customs Regulations (19 CFR 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. That section further provides that the degree of permanence should be at least sufficient to insure that in any reasonably foreseeable circumstance the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed.
Upon examination of the submitted sample, we find that the country of origin marking is sufficiently conspicuous, and permanent to satisfy the requirements of 19 CFR 134.41(b). With regard to the issue of whether the marking is conspicuous, we note that the paper tag is large, it is affixed in a prominent location at the top of the bag, and is prominently marked with the country of origin on two sides. Clearly, the country of origin is easy to find and easy to read.

With regard to the permanency issue, we note that the paper tag is securely affixed to the article by means of the plastic barb and that the tag, which also has information about the article, is clearly designed to remain on the article until it reaches the ultimate purchaser. Although a marking alert issued by Customs Headquarters on February 11, 1986, regarding the marking of luggage, handbags, brief cases, and flat goods indicates that peelable labels, paper labels and hang tags are unacceptable without an additional permanent marking, we are of the opinion that this marking alert was not intended to apply to a cotton string shopping bag such as the one submitted. The alert appears to be based on a Customs Circular (MAR 2-RM, January 16, 1970) which determined that paper sticker labels are not considered an acceptable method of marking ladies' handbags. The circular further provides that mesh bags may be marked by means of a string tag securely attached to the bag. We find that the paper country of origin tag described above is sufficiently permanent in this case to satisfy the requirements of 19 U.S.C. 1304 and 19 CFR 134.41(b).

HOLDING:

The cotton string shopping bag described above which is marked with the country of origin marking by means of a paper label securely affixed by a plastic hang tag barb satisfies the requirements of 19 CFR 134.41 and 19 U.S.C. 1304.

Sincerely,

Marvin M. Amernick

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