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NY A86145





August 30, 1996

MAR-2 RR:NC:WA:341 A86145

CATEGORY: MARKING

Ms. Maureen Shoule
J.W. Hampton Jr. & Co., Inc.
15 Park Row
New York, NY 10038

RE: THE COUNTRY OF ORIGIN MARKING OF INSULATED CARRYING BAGS FROM CHINA.

Dear Ms. Shoule:

This is in response to your letter dated April 15, 1996, and Headquarters file HQ 959428 dated July 25, 1996, on behalf of Access Bag N' Pack, requesting a ruling on an acceptable country of origin marking for imported insulated carrying bags. A marked sample was not submitted with your letter for review.

The articles which were subject of Headquarters file 959428, are insulated carrying bags. 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.

The proposed marking of the imported insulated carrying bags as provided by the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, is that each piece must be marked by means of a sewn-in fabric label which is permanent, conspicuous and legible and reads "Made in China".

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 Kevin Gorman at 212-466-5893.

Sincerely,

Roger J. Silvestri
Director

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