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NY C86986




May 5, 1998

MAR-2 RR:NC:3:353 C86986

CATEGORY: MARKING

Mr. R. Jeffery Satterlee
F.W. Myers & Co., Inc.
85 N. Main St., Suite 300
Mt. Clemens, Michigan 48043-5616

RE: THE COUNTRY OF ORIGIN MARKING OF SOCKS

Dear Mr. Satterlee:

This is in response to your letter dated April 14, 1998, on behalf of Club Monaco USA, Inc., requesting a ruling on whether the proposed marking "Made in Canada" is an acceptable country of origin marking for socks imported from Canada. A marked sample was not submitted with your letter for review. A photo copy of the marking of the socks was submitted with your request.

Your letter asks whether the adhesive paper labels that are located near the company trademark on the wrapper that bundles the socks in pair is correct and sufficient. It appears that the bundle of socks are marked with the textile content and the country of origin (which is Canada) in English and French.

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 socks , 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 socks.

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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