NY H83425 - THE COUNTRY OF ORIGIN MARKING OF WOMEN’S GARMENTS FROM NORTH KOREA - United States International Trade Commision Rulings

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NY H83425

August 8, 2001

MAR-2 RR:NC:TA:360 H83425

CATEGORY: MARKING

Jae C. Park
Excel International of NY Corp.
147-48 182nd Street
Suite 301
Jamaica, NY 11413

RE: THE COUNTRY OF ORIGIN MARKING OF WOMEN’S GARMENTS FROM NORTH KOREA

Dear Ms. Park:

This is in response to your letter dated July 5, 2001, on behalf of Mapssy International Inc., requesting a ruling on whether the proposed marking "North Korea" is an acceptable country of origin marking for imported women’s apparel. A marked sample was not submitted with your letter for review.

You have indicated that the importer has obtained a permit from the Office of Foreign Assets Control to import garments from the Democratic People’s Republic of Korea (North Korea) and have questioned whether any abbreviations or variant spellings are acceptable. As you have not submitted specific information or facsimile labels we can only provide you with general information.

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 full English name of the country of origin of the article. Notice of acceptable markings other than the full English name of the country of origin shall be published in the Federal Register and the Customs Bulletin.

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 garments with the full English name of the country of origin “North Korea” is an acceptable country of origin marking for the imported garments. This marking must be conspicuously, legibly and permanently marked in satisfaction of 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 Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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