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NY I87613




November 26, 2002

MAR-2 RR:NC:3:341 I87613

CATEGORY: MARKING

William Ortiz
Executive Vice President
S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, N.Y. 11581

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED TOTE BAGS OF TEXTILE MATERIALS; 19 CFR 134; 19 CFR 134.46; 19 CFR 134.47

Dear Mr. Ortiz:

This is in response to your letter dated October 28th , 2002 requesting a ruling on whether the marking requirements are satisfied if imported tote bags which are marked with a U.S. reference at the time of importation. The request is on behalf of Kate Spade Inc..

The first sample submitted, identified as Style #AH6186543A, is a tote bag constructed of cotton canvas fabric. The open bag measures approximately 15 ½”W x 13”H x 5”D. The unlined interior features a large zippered pocket. The bag has two leather carrying handles and two leather straps can secure the top.

The second sample submitted, identified as Style #AH6446443A, is a tote bag constructed of a woven cotton textile fabric. The open bag measures approximately 14 ½”W x 12 ½”H x 3 ¼”D. Its lined interior features a zippered wall pocket. The bag features twin leather carrying straps and can be secured by two ribbons.

The third sample submitted, identified as Style #AH3406323A, is a tote bag constructed of woven nylon material. The open bag measures approximately 10”W x 10”H x 8”D. The lined interior features a zippered wall pocket. The bag has twin leather carrying straps.

Each sample bears a fabric label sewn into the interior seam. The label is black and the lettering “Made in China” is in contrasting white stitching. The lettering is approximately 6 points in height. A point is 0.01384 inches. Each bag is additionally marked “Kate Spade New York” in various locations. The mark “Kate Spade” is a register Trademark owned by Alex Noel Incorporated and assigned to Kate Spade LLC. The lettering “New York” is not part of the trademark. The samples will be returned as requested.

The applicable subheading for style #AH3406323A will be 4202.22.8050, HTSUSA, which provides, in part, for handbags, of textile materials, other, with outer surface of textile materials, of man-made fibers. The rate of duty will be 18.1 percent ad valorem

The applicable subheading for styles #AH6186543A and AH6446443A will be 4202922.4500, HTSUSA, which provides in part, for travel, sport and similar bags, of textile materials, other, with outer surface of textile materials, other, of man-made fibers. The rate of duty will be 18.1 percent ad valorem .

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.

Section 134.46, Customs Regulations (19 CFR 134.46), as revised by T.D. 97-72, dated August 20, 1997, provides:

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 location 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 appear 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 of the article, 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.

Section 134.46 provides that its special marking requirements are triggered only when the non-origin reference may mislead or deceive the ultimate purchaser as to the actual country of origin of the article. Customs has ruled that in order to satisfy the "close proximity" requirement, the country of origin marking must appear on the same sides(s) or surface(s) in which the name of the locality other than the country of origin appears.

Customs determines the issue of whether a particular non-origin geographical reference may mislead or deceive the ultimate purchaser as to the actual origin of a good, for purposes of ascertaining whether the requirements of section 13.46 are triggered, on a case-by-case basis. In regard to the specific circumstances of this case, we do believe that the use of the lettering “New York” may mislead the ultimate purchaser. It is recommended that wherever the lettering “New York” appears, the country of origin be shown according to the requirements of 19CFR 134.46, supra.

The placement of the sewn-in fabric label , as described, at a point not less than one inch from the top interior collar, would satisfy the requirements of the country of origin marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304). The same placement would satisfy the section 134.46 requirements if the “Kate Spade New York” is placed only in the top interior of the bag.

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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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