United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1997 NY Rulings > NY 813360 - NY 813806 > NY 813792

Previous Ruling Next Ruling
NY 813792




September 11, 1995

MAR-2 S:N:N5:353 813792

CATEGORY: MARKING

Mr. Jack Maleh
Nannette
112 West 34 St.
Suite 1712
New York, N.Y. 10120

RE: THE COUNTRY OF ORIGIN MARKING AND LABEL REQUIREMENTS FOR a straw hat.

Dear Mr. Maleh:

This is in response to your letter dated August 17, 1995 requesting a ruling on whether the proposed label marking requirements on hats are acceptable. A sample of a straw hat was submitted with your letter for review however,it was not marked. The sample will be returned per your request.

Headwear must be marked with the English name of the country of origin. A textile label sewn on an inner seam is the accepted form of marking. Headwear of wool must also be marked to show the fiber content percentage in generic terms. The term all may be used in place of 100%. However, the term pure is not acceptable in lieu of all or 100%. In addition wool headwear must also be marked to indicate at least one of the following: a. Importer's name; or b. Manufacturer's name; or c. RN number; or d. WPL number

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. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. 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.

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

Previous Ruling Next Ruling