NY I89056 - The country of origin marking of napkins - United States International Trade Commision Rulings

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NY I89056

December 19, 2002

MAR-2 RR:NC:TA:349 I89056

CATEGORY: MARKING

Mr. Tony Collini
John S. Connor, Inc.
401 East Pratt Street, Suite 700
Baltimore, MD 21202

RE: The country of origin marking of napkins

Dear Mr. Collini:

This is in response to your letter dated December 4, 2002 requesting a ruling on whether pressure sensitive label is an acceptable country of origin marking for imported napkins. This request was made on behalf of Yves Delorme. A marked sample was submitted with your letter for review.

You submitted a sample of a 100 percent cotton jacquard woven napkin. It measures approximately 22 inches square and is hemmed on all four sides. A pressures sensitive paper label is affixed to one side of the napkin. The label measures 1.5 x 1.75 inches. Printed on the label are the fiber content, the phrase “Made in France,” the napkin size in inches and centimeters, a style name, brand name and UPC bar code.

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.

Part 134, Customs Regulations (19 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. Section 134.41(b), Customs Regulations (19 C.F.R. 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the napkin is the consumer who purchases the product at retail.

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(b) of the Customs Regulations provides in that if paper stickers or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser.

It is the opinion of this office that the pressure sensitive paper label on the submitted napkin is conspicuous and is sufficiently affixed to reach the ultimate purchaser. The label satisfies the marking requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 134 and is an acceptable country of origin marking for the imported napkin.

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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