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HQ 735231


December 7, 1993

MAR-2-05 CO:R:V:C 735231 RC

CATEGORY: MARKING

Mr. Marty Langtry
Castelazo & Associates
5420 West 104th Street
Los Angeles, California 90045-6069

RE: Country of origin marking requirements for sleeping bags processed in China and the U.S.; 19 CFR 134.34.

Dear Mr Langtry:

This is in response to your letter dated June 14, 1993, requesting a ruling on the country of origin marking requirements for sleeping bag components manufactured in China and imported into the U.S. for further processing.

FACTS:

Your client, American Recreation Products, intends to import into the U.S. what you refer to as "tics" (they look like unfinished sleeping bags). These bags are imported inside out. The outer shells are composed of 100% nylon, the liners 100% cotton. Three sides are sewn together; the fourth is open. The cutting and sewing together take place in China. After importation, the bags are filled with 100% polyester stuffing and turned right side out. The fourth side is then sewn shut and the material is quilted. The final operations involve attaching zippers, elastic straps or drawstrings, and required labels. You request that American Recreation Products be permitted to attach the required country of origin marking labels after importation because prior to importation the marking will necessarily be destroyed or obliterated after the U.S. processing.

ISSUE:

Whether imported tics may be marked with the country of origin marking after importation under 19 U.S.C. 1304.

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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Under 19 CFR 134.32(g), articles to be processed in the U.S. by the importer or for his account other than for the purpose of concealing the origin of the articles and in such manner that any mark contemplated by this part would necessarily be obliterated, destroyed, or permanently concealed are excepted from marking.

You state that the imported articles should be excepted from country of origin marking requirements pursuant to 19 CFR 134.32(g). We disagree. The labels indicating the country of origin marking as attached to the finished sleeping bags are capable of appearing in the same location on the imported article. The marking on the imported article would not necessarily be destroyed or obliterated after the domestic processing.

Pursuant to 19 CFR 134.34, a marking exception under 19 CFR 134.32(d) may be authorized in the discretion of the district director for imported articles which are repacked after release from Customs custody under the following conditions:

(1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the United States.

(2) The importer arranges for supervision of the marking of the containers by Custom officers at the importer's expense or secures such verification, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry.

In HQ 735292 (September 21, 1993), Customs indicated that although the above provision sets forth the procedures to be followed when unmarked imported articles are to be repacked into marked containers after importation, these procedures are also appropriate in other circumstances, i.e. where articles cannot be marked prior to importation due to practical problems. Specifically, Customs recognized the practical problems with affixing tags with the country of origin marking to jewelry prior to importation and allowed the importer to affix the tags to the jewelry after its importation, subject to approval by the district director and the procedures set forth in 19 CFR 134.34.

Likewise, in HQ 735111 (October 15, 1993), recognizing the existence of practical problems with marking pens, (the nature of plastic molding, the cost of printing the pens both before and after importation, etc.) Customs allowed the importer to print both the country of origin marking and an advertising message on pens after their importation, subject to approval by the district director and the procedures set forth in 19 CFR 134.34.

Similarly, if the importer can demonstrate to Customs that there are significant practical problems involved in affixing the country of origin label prior to the U.S. processing, the procedures set forth in 19 CFR 134.34 could be utilized; subject to approval by the district director, to allow the importer to affix the country of origin label to the finished sleeping bags after importation. In such case, the containers in which the unfinished sleeping bags are imported and received by American Recreation Products should be marked "China".

HOLDING:

Subject to the provisos stated above, you may label the finished sleeping bags with the country of origin marking "CHINA" after importation subject to approval by the district director and the procedures set forth in 19 CFR 134.34.

Sincerely,

John Durant, Director

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