NY A87069 - COUNTRY OF ORIGIN MARKING OF IMPORTED BACKPACKS FROM CHINA, COSTA RICA AND/OR GUATEMALA. - United States International Trade Commision Rulings

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NY A87069

September 23, 1996

MAR-2 RR:NC:WA:341 A87069

CATEGORY: MARKING

Ms. Sheila Suwalski
Expeditors Int'l of Washington, Inc.
849 Thomas Drive
Bensenville, IL 60106

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED BACKPACKS FROM CHINA, COSTA RICA AND/OR GUATEMALA.

Dear Ms Suwalski:

This is in response to your letter dated August 23, 1996, on behalf of Jansport, Inc., requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported backpacks if another marking appears on the article which is a country or locality other than the actual country of origin of the article. A marked sample was submitted with your letter for review.

The sample submitted is a "Jansport" backpack composed of textile man-made material, no style number indicated. You have proposed to mark the backpack by means of country of origin label in conjunction with a sewn-in label indicating U.S.A. The importers's intent is to use a paper hand tag with the country of origin marking in close proximity and in equal or larger print than the sewn-in label. Also a sewn-in country of origin tag will be inside the front exterior lower pocket.

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.

The sewn-in label showing the country of origin will not be acceptable. We recommend that the sewn-in fabric label must be permanently sewn in a contrasting color, legible and be placed in the front full size storage section. The label should be placed in the seam near the top portion above the zipper stop.

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.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, 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 preceded by "Made in," Product of," or other words of similar meaning.

The marking on a hand tag is not considered in close proximity nor comparable print. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. 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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