NY I81756 - The Country of Origin Marking of Christmas tree ornaments from India and the Philippines. - United States International Trade Commision Rulings

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NY I81756

May 16, 2002

MAR-2-RR:NC:SP:222 I81756

CATEGORY: MARKING

Ms. Rita Pitts
Dillard’s, Inc.
1600 Cantrell Road
Little Rock, AR 72201

RE: The Country of Origin Marking of Christmas tree ornaments from India and the Philippines.

Dear Ms. Pitts:

This is in response to your letter dated April 25, 2002, requesting a ruling on whether the proposed marking is acceptable country of origin marking for imported Christmas decorations.

You have submitted three samples of Christmas decorations. Style number 227TE424NR, is a brass Christmas stocking holder with the word “Texas” spelled out in letters. It is approximately 13-1/2 inches long with two hanging hooks. The country of origin for this product is India.

Style number 227TE467PZ, is a “Merry Christmas Ya’ll” advent calendar. The textile advent calendar has the state of Texas map embroidered theron. It is designed with twenty-four numbered pockets around the border. There are twenty-four removable 3-dimensional fabric novelty pieces that are used to count down to Christmas. Each novelty piece has a hook and loop fastener attached to the back that holds it in place on the map. One of the fabric novelty heart-shaped pieces has the words “Heart of Texas” embroidered on it. The other novelty pieces are fashioned in the shapes of little pillows, boots, Indian feather headpiece, cowboy hats, a cowboy, the head of a bull, a horse, a wagon wheel, a horseshoe, a stagecoach, a teepee and other designs. A wooden dowel is attached along the top of the calendar and an acrylic yarn is attached to each end of the dowel allowing the calendar to be hung. The country of origin for this item is the Philippines.

Style number 227TE470PC, is a 10”x10” blue denim pillow with the words “Christmas in Texas”. The pillow is also designed with appliques of holly leaves and berries and a boot with a star. This pillow is of a size that is not capable of supporting the head and neck; therefore, is not classified as a pillow in Heading 9404.

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.

The samples are returned as you requested.

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 C.F.R. §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 C.F.R. §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 C.F.R. §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.

Section 134.46, Customs Regulations (19 C.F.R. §134.46), requires that in any case 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, 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.

Your letter of inquiry states that the Christmas stocking holder will be marked with a “Made in India” adhesive label on the bottom. It will be packaged in a Dillard’s trimming photo box marked “Made in India”. The advent calendar and the denim pillow will have a sewn on label with the country of origin and a hangtag with the country of origin “Made in the Philippines”. The advent calendar and the denim pillow will be individually packaged in a clear poly-bag.

The proposed marking of the Christmas tree ornaments as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 C.F.R. Part 134 and is an acceptable country of origin marking.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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