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NY C85588




April 2, 1998

MAR-2 RR:NC:3:353 C85588

CATEGORY: MARKING

Ms. Carolyn B. Malina
Lands' End Inc.
1 Lands' End Lane
Dodgeville, WI 53595

RE: THE COUNTRY OF ORIGIN MARKING OF a hat and bootie set.

Dear Ms. Malina:

This is in response to your letter dated March 17, 1998 requesting a ruling on whether the proposed marking "Made in Hong Kong" is an acceptable country of origin marking for an imported hat and bootie set. A marked sample was submitted with your letter for review.

The submitted sample, Item #48936 is a hat and bootie set consisting of 100% knit cotton fabric. The hat resembles a ski hat with two extensions at the top. The booties are of the same fabric as the hat and have a knit ribbed band at the top.

You state that the hat and bootie set will be sold in a polybag with an attached adhesive label stating "Made in Hong Kong". The representative sample has a sewn in label affixed to the hat referencing both the hat/booties, to identify that the country of origin and fiber content to both pieces of the set. Since the hat and booties will be sold as a unit and packaged together it is not necessary to mark the booties.

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 imported hat and bootie set , 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 "Made in Hong Kong".

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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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