NY A85309 - THE COUNTRY OF ORIGIN MARKING OF a handkerchief. - United States International Trade Commision Rulings

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NY A85309

July 9, 1996

MAR-2 RR:NC:5:353 A85309

CATEGORY: MARKING

Mr. John B. Pellegrini
Ross & Hardies
Park Avenue Tower
65 East 55th St.
New York, NY 10022-3219

RE: THE COUNTRY OF ORIGIN MARKING OF a handkerchief.

Dear Mr. Pellegrini:

This is in response to your letter dated July 1, 1996, requesting a ruling on whether the proposed marking on hankerchiefs satisfies the requirements of 19 U.S.C. 1304 and the regulations thereunder. A marked sample was submitted with your letter for review.

The subject merchandise consists of a man's handkerchief made in Korea. The product is marked with its country of origin by means of an adhesive paper label. The handkerchiefs will be sold loose; they will not be packaged.

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.

Statue 134.44(b) concerns articles marked with paper sticker labels. If paper sticker or pressure sensitive labels are used, they must be affixed in a conspicious place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser.

The proposed marking of imported hankerchiefs, as described above, is conspicuously, legibly and permanently marked in satisfaction of 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 hankerchiefs.

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 Martin Weiss at 212-466-5881.

Sincerely,

Roger J. Silvestri
Director

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