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NY 815664




October 18, 1995

MAR-2-R:N7:224 815664

CATEGORY: MARKING

Bob Armell
Armell Imports, Inc.
119 Braintree St.
Boston, MA 02134

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED SPORT NETS.

Dear Mr. Armell:

This is in response to your letter dated October 3, 1995, requesting a ruling on whether a proposed marking indicating China as the country of origin is an acceptable country of origin marking for imported sport nets if another marking "Made in U.S.A." appears on the article which is a country other than the actual country of origin of the sport net component. A marked sample was not submitted with your letter for review.

The merchandise consists of a sport net that subsequent to importation will be assembled to a frame and used as a sport goal in hockey or soccer. You seek advice as to whether the imported net can carry a label indicating a U.S. origin, based on the use of U.S. components in the U.S. final assembly, as long as there is also a label indicating the foreign origin of the net component.

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.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," or any variation of such words or letters, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin of any foreign component preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, a marking label indicating China as the country of origin for the net must appear on the same side or surface in which the mark "Made in U.S.A." appears.

The proposed marking of imported sport nets, as described above, satisfies 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 nets.

In your letter you also asked for our determination of the tariff classification of a separately imported carry/storage bag that is designed to store the goal net and frame. A classification of the bag requires identification of the material it is made of. If the bag is made of textile, a fiber content by weight of the exterior fabric is necessary. You should submit this information, along with a sample of the bag only, in a separate request.

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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