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NY 892914




December 17, 1993

Mar-2-39:S:N:N6:221 892914

CATEGORY: MARKING

Mr. Bob Corrado
Intertrans Corporation
145 Hook Creek Blvd.
Valley Stream, New York 11581

RE: The country of origin marking requirements for the "Miracool Bandana" made in China.

Dear Mr. Corrado:

In your letter dated November 11, 1993, on behalf of OccuMed International, Inc., you requested a country of origin marking ruling.

A sample bandana was submitted. The sample is composed of a textile material approximately two inches in width and 34 inches in length. Sewn inside the material is a small quantity, approximately one tablespoon, of plastic beads. When the material is soaked in water, the beads absorb many times their volume in water. The bandana is thereby able to retain water and cool the user. The bandana itself is not marked with the country of origin, but the instruction tag attached to the bandana contains the words "Made in China." You seek confirmation that the marked tags satisfy country of origin marking requirements.

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.

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. Provided the tags are securely attached to the bandanas and would not come off unless deliberately removed, the tags satisfy country of origin marking requirements. The tag attached to the sample bandana is securely stapled and would not come off unless deliberately removed.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. 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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