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NY 895855





April 13, 1994

MAR-2-57:S:N:N6:349 895855

CATEGORY: MARKING

Mr. Gregory S. Hatfield
Eureka Ventures Inc.
80 Eureka Square
Suite 214
Pacifica, CA 94044-2603

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED HANDWOVEN RUGS FROM SOUTH AFRICA.

Dear Mr. Hatfield:

This is in response to your letter dated March 8, 1994, requesting a ruling on whether the location and proposed marking "Made in South Africa" is an acceptable country of origin marking for imported handwoven rugs. A marked sample was not submitted with your letter for review. However, a sample of the label which will be affixed to the item was enclosed.

The submitted label is a 10 by 15 centimeter card that is folded in half to create a 7.5 by 10 centimeter booklet. This booklet will be attached to a reversible rug by a plastic fastener. The front of the booklet (outside right) contains the name and address of the manufacturer, their logo, and the phrase "Hand Made Product of Natal" in 3 millimeter high letters. The center of the booklet repeats the manufacturer information and states the fiber content, design, size and style on one side (inside left) and care instructions on the other (inside right). The back of the booklet (outside left) is blank. You propose to add the phrase "Made in South Africa" in one of three possible locations. The first is on the back (outside left) in 4 millimeter high letters. The second is on the inside right while the third is on the front of the booklet (outside right). The letters for the second and third locations will be 3 millimeters high.

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.

The proposed marking of imported handwoven rugs and the three proposed locations for the "Made in South Africa" phrase, 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 handwoven rugs.

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. These labelling requirements cover fiber content, country of origin and other information that must appear on textile products. 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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