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NY I86966

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October 25, 2002

MAR-2 RR:NC:TA:349 I86966

CATEGORY: MARKING

Mr. Paul Leitner
Continental Agency
535 Brea Canyon Road
City of Industry, CA 91789

RE: The country of origin marking of surgical towels

Dear Mr. Leitner:

This is in response to your letter dated October 1, 2002, on behalf of A Plus International, requesting a ruling on whether the proposed marking "Made In Israel" is an acceptable country of origin marking for imported surgical towels. A marked sample was submitted with your letter for review.

The submitted sample is a 100 percent cotton surgical or operating room towel. The woven towel measures approximately 15 x 24 inches. It is hemmed at both ends and the sides are selvage. One corner of the towel is stamped with the words “MADE IN ISRAEL” in ¼-inch high lettering and “100% COTTON” in 3/16-inch high lettering. You stated that the ink is indelible. The black lettering is conspicuous against the aspen green towel.

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.

The proposed marking of imported surgical towels, 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 surgical towels.

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 John Hansen at 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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