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NY 807480




March 9, 1995

MAR-2 S:N:N5:353 807480

CATEGORY: MARKING

Mr. Martin McCarthy
John V. Carr & Son, Inc.
217 West Service Road
Champlain, New York 12919

RE: THE COUNTRY OF ORIGIN MARKING OF ATV's, snowmobiles and motorcylcles helmets.

Dear Mr. Mc Carthy:

This is in response to your letter dated February 7, 1995, on behalf of Kimpex USA Ltd., requesting a ruling on whether the proposed marking "Made in India" and fiber content is an acceptable marking for the content label attached to the imported helmet. A marked sample was submitted with your letter for review.

The submitted sample helmet has a label on the top of the inside padding. The label is diamond shaped approximately 3 inches long and 2 inches wide with approximate lettering 1/16th of an inch which states "Made in India". The words ATTENTION and WARNING are approximately 1/8th of an inch in size. There is not any label with fiber content in the helmet. The submitted sample helmet marking is not acceptable. The acceptable size lettering for country of origin "Made in India" would at least have to be 1/8th of an inch in size as the words ATTENTION and WARNING.

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.

It should be noted that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning fiber content labelling requirements are covered under the Textile Fiber Products Identification Act. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, as to whether the proposed marking satisfies such requirements.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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