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NY G84781




January 10, 2001

MAR-2 RR:NC:3:353 G84781

CATEGORY: MARKING

Mr. Morten Sorensen
600 Columbus Avenue, 9M
New York, NY 10024

RE: THE CLASSIFICATION AND COUNTRY OF ORIGIN MARKING OF INSERTS FOR A STROLLER OR BABY CARRIER

Dear Mr. Sorensen:

This is in response to your letter dated December 11, 2000 requesting a ruling on the classification and country of origin marking for imported inserts for a stroller or baby carrier. The sample submitted with the ruling request will be returned to you.

The submitted sample is an insert for strollers and other baby carriers. The item is constructed of an outer covering of 100% polyester fabric that is lined with 100% sheepskin. The item features a zipper, elastic and other features for affixing the insert to strollers and other baby carriers. The sheepskin imparts the essential character to the insert.

The insert will be manufactured under two scenarios:

Scenario 1 – Australian origin sheepskin and Australian origin polyester fabric are cut and assembled in Australia. Quality control and warehousing for shipping are in Germany.

Scenario 2 - Australian origin sheepskin and Australian origin polyester fabric are cut and assembled in Turkey. Quality control and warehousing for shipping are in Germany.

You request a determination as to classification, country of origin marking and fiber content marking.

The applicable subheading for the insert will be 4303.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles of apparel, clothing accessories and other articles of furskin: Other.” The rate of duty will be Free.

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.

In Scenario 1, the sheepskin and fabric are of Australian origin, and the cutting and assembly is performed in Australia. The country of origin of the insert in Scenario 1 is Australia.

In Scenario 2, the sheepskin and fabric are of Australian origin, and the cutting and assembly is performed in Turkey.

Section 134.1(b), Customs Regulations (19 C.F.R. §134.1(b)), defines country of origin as “The country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the ‘country of origin’ within the meaning of this part.”

The cutting and assembly of the sheepskin and fabric in Turkey constitutes a substantial transformation of the sheepskin and fabric into a new and different article, that is the insert, having a new name, character and use. The country of origin of the insert in Scenario 2 is Turkey.

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.

Insofar as the wording for the country of origin marking, acceptable markings for Scenario 1 are “Australia”, “Made in Australia”, “Manufactured in Australia”, or “Product of Australia;” acceptable markings for Scenario 2 are “Turkey”, “Made in Turkey”, “Manufactured in Turkey”, or “Product of Turkey.”

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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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