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NY H81261





May 21, 2001

MAR-2 RR:NC:3:353 H81261

CATEGORY: MARKING

Mr. Manny Seligmann
Cavalier Logistics Mgmt., Inc.
44664 Guilford Dr., Unit 139
Ashburn, VA 20147

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED SHEEPSKIN JACKETS

Dear Me. Seligmann:

This is in response to your letter dated April 17, 2001 requesting a ruling on whether the proposed marking "Made in Turkey" is an acceptable country of origin marking for imported sheepskin jackets if another marking "Protocol, by Pan United, USA.Tm" appears on the article which is a country or locality other than the actual country of origin of the article.

The sheepskin jacket will be marked “Made in Turkey” with a sewn in label on the nape of the neck. There will also be a hangtag on the front zipper or sleeve stating “Protocol, by Pan United, USA.Tm.”

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.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

If “Protocol, by Pan United, USA.Tm” is a registered trade name, then section 134.47 of the Customs Regulations (19 C.F.R. §134.47) applies, which provides that [w]hen as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the United States or “United States” or “America” appear, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by “Made in,” “Product of,” or other similar words, in close proximity or in some other conspicuous location.

The proposed marking of imported sheepskin jackets, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, if “Protocol, by Pan United, USA.Tm” is a registered trade name. If “Protocol, by Pan United, USA.Tm” is not a registered trade name, the proposed marking of imported sheepskin jackets, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

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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