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NY A82720




April 30, 1996

MAR-2 RR:NC:FC:224 A82720

CATEGORY: MARKING

Rose Althoff
Midwest of Cannon Falls
PO Box 20
Cannon Falls MN 55009-0020

RE: THE COUNTRY OF ORIGIN MARKING OF A CANVAS BEAR FIGURE.

Dear Ms. Althoff:

This is in response to your letter dated April 18, 1996, requesting a ruling on whether the proposed marking "Made in the Philippines" is an acceptable country of origin marking for imported canvas bear figures. A marked sample was submitted with your letter for review.

The sample canvas figure, item number 18869-9, is a 14 inch high depiction of a bear. It is stuffed with sand and polyester fill and dressed in cotton garments. You state and the sample indicates that the figure comes packaged in a brown corrugated box which contains an outside label that includes the item number, designer's name, the name of collection, your company's name and the country of origin.

The item itself includes a content label attached in the back in the seam which contains the name of the licensed artist that created the original design, your company name, the content of the figure and the country of origin. This content label should be permanently sewn to the seam. There will also be a folded handtag attached to the figure containing a biography of the designer, your company name and address and the country of origin.

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 to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

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.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The proposed marking of the imported Canvas Bear, item #18869-9, specifically in regard to the outside container and the sewn-in content label as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported figure.

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 Tom McKenna at 212-466-5475.

Sincerely,

Roger J. Silvestri
Director

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