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NY F81488




January 31, 2000

MAR-2 RR:NC:3:353 F81488

CATEGORY: MARKING

Mr. Al Dwek
Telescope Structures, Inc.
109 Phillips Avenue
Deal, NJ 07723

RE: THE COUNTRY OF ORIGIN MARKING OF PRAYER SHAWLS

Dear Mr. Dwek:

This is in response to your letter dated January 5, 2000 requesting a ruling on whether the proposed method of marking "Made in China" is an acceptable country of origin marking for imported prayer shawls. A marked sample was not submitted with your letter for review.

You state that you will be importing Jewish prayer shawls from China. You further state that under Jewish religious law, no tickets can be attached to the prayer shawl when it is worn. You state that you will staple the ticket indicating “Made in China” to each prayer shawl, and ask if this is an acceptable method of marking the garments with the country of origin.

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.

Due to the nature of the garment and the religious restrictions that are applicable, the proposed marking of imported Jewish prayer shawls, 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 Jewish prayer shawls.

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 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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